Mr David Elson wins £1,750 for Noise Induced Hearing Loss arising from his employment with William Kenyon & Sons from 1979-1981 as a Weaver at their premises in Newton Street, Hyde, and in relation to his employment from 1982-1999 with Ashton Brothers also as a Weaver.

This was a particularly difficult case because of a legal rule called ‘limitation’.  This states that you must bring a personal injury claim within 3 years of when you knew or ought to have known that the injury you have suffered was caused by the Defendants.  

The reason this rule is in place is to prevent claims being made many years later when the evidence that might have been available to the defence may have been destroyed leaving them at a disadvantage or ‘prejudiced’.

Mr Elson had suffered with hearing loss for a number of years but had not claimed before due to him working hard and raising a family.

We solicitors llp argued that because the Defendants had copies of noise surveys taking during the time Mr Elson worked for the them they were not prejudiced.  The noise levels were recorded as being damaging.

Arguments like this can be risky and are often fought all the way to trial.  Once a case reaches trial the risks of losing become very high for both parties therefore Mr Elson sensibly decided to accept a settlement offer made by the Defendants rather than risk losing.

If you would like to discuss making a claim for Noise Induced Hearing, call our freephone number to speak to one of our solicitors 0800 294 3065