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May 11, 2010

Hearing Damage Case Of Workplace Negligence

 
 
 

We regularly hear of individual cases of permanent hearing damage caused by a complete failure to implement Health & Safety precautions which would have prevented an unexpected incidence from causing severe injury or worse.

In 2009, a carpenter began legal proceedings for more than $1 million in damages in a US District Court after claiming he permanently lost his hearing when a transformer exploded eight feet away from him. Passing by an enclosed bank of transformers when walking back toward the work area after his lunch break, a transformer exploded, making a deafening sound, and catching fire.

In addition to noise induced hearing loss, head injuries were sustained, affecting balance and equilibrium and at the time of filing the complaint, the carpenter had still has not been released to return to work.

The Plaintiff states that life expectancy was at least 28 more years, during which time, he will be hearing disabled and require the use of hearing aids. Because of the incident, medical costs were incurred, lost wages and wage earning capacity and the Plaintiff experienced pain, suffering, mental anguish and physical impairment with ‘loss of enjoyment of life’. He also suffered emotional distress and nervous shock. In addition, the Plaintiff’s wife said she suffered loss of ‘normal relations’ and ‘household services’.

The Plaintiff claimed his employer failed to provide and maintain the integrity of a safe work place, did not properly inspect and maintain the transformer in question and in so doing would have discovered a hazardous condition, which was allowed to exist. In addition, the Plaintiff had not been warned that a dangerous condition was present.

In addition to damages, the Plaintiffs were seeking pre- and post-judgment interest at the legal rate, court costs and other relief to which they may be entitled.

The case continues.