Mr Lloyd wins £3750.00 payout after working as a weaver and cotton beam fitter, at John Ainscow & Co Ltd of Lostock, Bolton.
Mr Lloyd had been employed by the company between the years 1957 to 1959 and again from 1960 to 1968. During this time, he was exposed to excessive levels of noise from the looms in operation around him, throughout the course of his shift. He was never provided with hearing protection and never warned that excessive noise exposure could damage his hearing, in the long term.
WE Solicitors arranged for Mr Lloyd to have a medical assessment, which confirmed he was suffering from hearing loss and mild tinnitus, as a result of his previous employment. Mr Lloyd now has to wear hearing aids, owing to the level of his hearing loss. The medical report was put to the defendants, along with the facts of the case and a settlement was agreed for Mr Lloyd.
This case was not straightforward however, as Mr Lloyd could not claim for the exposure occurring prior to 1963. This is because 1963 is the ‘Date of Guilty Knowledge.’ The date of guilty knowledge is when the Courts deemed it reasonable that employers should have been aware of the risks of noise exposure and they should have acted accordingly. It is therefore only noise exposure after 1963 that can be compensated for. This pre-1963 period of employment was therefore discounted from Mr Lloyd’s overall settlement award. Mr Lloyd was awarded £1973.63 after this unfortunate need for apportionment.
Clients comments:
“I would like to thank WE Solicitors for everything they have done for me. WE Solicitors dealt with my case in an efficient manner and it didn’t cost me a penny; I was even able to undertake my hearing test in the comfort of my own home.
I would not hesitate to recommend their services to anyone making an industrial deafness claim, or indeed anyone who requires legal assistance. I intend to spend my compensation on digital hearing aids, to replace my NHS hearing aids and I would not have been able to do this without WE Solicitors.”
