Our client started working for Hawker Siddeley Aviation Limited in September 1972 and remained working for this company until December 2005. During this period, the company was taken over by British Aerospace – Aircraft Group in 1977 and is now known as BAE Systems. He worked at the factory on Greengate, Middleton, Manchester.
Exposure to Noise
He spent his first year at the training school. He was then employed as a Trainee Fitter until the age of 20 when he became a Qualified Fitter. In 1994 he was promoted to Supervisor / Team Leader and finally Cell Manager.
Our client’s duties involved working with and being exposed to the noise of Rivet Guns, Drills, Milling Machines, Turning Machines, Presses and Drop Hammers.
What did we have to establish?
We had to establish the following basic matters:
- Our client did have noise induced hearing loss
- He was employed by the defendants
- He was exposed to excessive levels of noise
- The defendants owed our client a duty of care and were negligent in failing to provide hearing protection, training and supervision.
How did we help?
In order to progress the case we had to:
- Discuss with our client how and where he worked to establish a picture of his exposure to noise.
- Assess the time limits involved in the case
- Arrange for him to undergo a hearing test
- Establish whether the companies still existed and contact the relevant insures notifying of the claim.
- Arrange a medical report
- Correspond with the defendants insurers and advise them of their breach of duty and negligence
- Advise the client on the prospects of the case and discuss how we had valued the claim.
- Negotiate settlement
Eventually we were able to negotiate a settlement of £3,250 without the need for court proceeding.