Noise induced hearing loss sufferer, Mr S, wins settlement of £10,000.00 through WE Solicitors.

Mr S was exposed to excessive levels of noise, whilst working in the construction industry from 2006 to the present. Mr S has been employed by Costain Ltd of Haweswater House, Lingley Mere Business Park, Lingley Green Avenue, Warrington but has been based at various sites around the North West, during that time.

Mr S has been employed as a ground-worker throughout and exposed to the noise of diamond drillers, still saws, breakers, generators, wacker plates, digging machines, the hydraulic pecker, pumps, hammering and the sound of metal clanging on metal. Furthermore, he has often worked in confined spaces, such as in manholes, which he advises amplified the sound of any equipment he would be using.

During Mr S’s employment, hearing protection was not enforced until very recently and prior to that, he advises he was never made aware of the dangers that working in excessive noise gives rise to. As such, he just accepted it as being part of the job, until his hearing condition deteriorated to a point where he decided to seek medical advice.

Mr S now suffers from mild noise induced hearing loss and a moderate degree of noise related tinnitus, which was confirmed when WE Solicitors arranged a medical assessment of his hearing condition. The medical report was presented to the defendants, as part of the evidence, to support Mr S’s claim.

The case was not without issue, as the defendants did not have any noise surveys on which to base an admission or denial of liability. Accordingly, the claim was settled on the basis of its other merits. Furthermore, the insurers handling the case have a large backlog of work, which meant responses were delayed.

WE Solicitors were able to negotiate an out of court settlement of £10,000.00 for Mr S, negating the risks and timescales associated with court proceedings. It is worth noting that the value of the settlement is enhanced, to reflect the young age of Mr S, being only 38 years old. Both Mr S and WE Solicitors are pleased with the outcome.