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Jul 20, 2020

Liability to compensate for noise induced hearing loss passes from long dissolved subsidiary to parent company.


Mr C contacted WE Solicitors about a claim for noise induced hearing loss, having been exposed during the course of his employment with The Metropolitan Construction Company Limited, from the late 60’s to mid 70’s. Mr C was employed as an Operative and later a Driver Operative with the Company. His main role was to break up concrete floors, reduce concrete, dig trenches in concrete and scarify concrete walls. He was exposed to the noise from not only the work he was doing but that of his colleagues.

Decades later Mr C noticed problems with his hearing and attended his GP. He was treated for a build-up of wax for a few years but later felt the problem was becoming significant. After consulting again with his GP he was sent to an ear, nose and throat clinic for a hearing test and was prescribed with two digital hearing aids.

When Mr C contacted us to commence a claim it was clear that Metropolitan Construction Company Limited had dissolved in 2003. It was necessary to establish a paymaster to meet the claim. Searches to establish the employers’ liability insurers for the company proved fruitless but a review of the records held by Companies House revealed that Metropolitan Construction Company Limited was a subsidiary of Balfour Beatty Limited, the ultimate holding company being BICC Plc.

On that basis, the matter was entered onto the claims portal and Capita commenced investigations to establish the relevant insurer to meet the claim. Weeks passed without resolution and so legal proceedings were issued on Mr C’s behalf. Some two months after proceedings were issued, Capita confirmed that the liabilities in this case against Metropolitan Construction Company Limited were transferred to Balfour Beatty PLC.

WE Solicitors were able to negotiate a settlement on behalf of Mr C avoiding the need to attend a court hearing.

If you or someone you know has been affected by noise in the workplace and would like to consider a claim for compensation, contact us today on 0800 294 3065.