Metal Industry Case Study

Industry

Our client was exposed to excessive levels of noise, whilst working in heavy industry for a period of around 14 years. He worked for Redpath Dorman Long Ltd, which later became Appleby Frodingham Steel and then British Steel.  During his period of employment, Mr Moylett was employed at the site in Scunthorpe.

Exposure to Noise

Our client was employed both as an apprentice plater and a qualified plater throughout this period. His job involved using machinery such as grinders, electric shears, drills, riveters and welders, all of which made for very noisy working processes. Many of his colleagues were using similar machinery, the combined effect of which made the noise levels even louder.

He was never provided with hearing protection and nor was he ever made aware of the dangers of working in excessive noise. He suffered from mild noise induced hearing loss and mild noise related tinnitus which was confirmed when we arranged a medical assessment of his hearing condition.

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

The Outcome

Eventually we were able to negotiate a settlement of over £4,000 against this defendant.