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Sep 12, 2011

Former Perseverance Mill Worker received undisclosed sum for noise induced hearing loss.

 
 
 

Mrs C was exposed to excessive levels of noise, whilst working in the weaving industry for a period of over 40 years. 

The main defendant in this case was Mrs C’s former employer, Perseverance Mills Ltd of Albion Street, Padiham, Burnley, where she was employed for 22 years, from 1966 to 1988. She was employed as a weaver throughout and exposed to the noise of Lancashire looms and Saurer looms, for the duration of her shifts. Mrs C was never provided with hearing protection and never warned of the dangers of excessive noise exposure.

Mrs C now suffers from mild noise induced hearing loss, which was confirmed when WE Solicitors arranged a medical assessment of her hearing condition. This was presented to the defendants, as part of the evidence, to support Mrs C’s claim.

Some of Mrs C’s noise exposure could not be claimed for, as some took place prior to 1963, which is the date of guilty knowledge. Additionally, some of her periods of exposure were only a few months at a time and were therefore too short to claim for. Additionally, one of her former employers, J Green & Co (Padiham) Ltd is now dissolved and their former insurers could not be traced. These periods therefore had to be discounted from the claim.

The claim was not without difficulty, as several insurers were on cover, during Mrs C’s period of exposure and therefore, the settlement had to be co-ordinated and agreed between multiple parties.

Despite this, WE Solicitors were able to negotiate an out of court settlement for Mrs C, avoiding the need for court proceedings. Both Mrs C and WE Solicitors are very pleased with the outcome.