Mr C was exposed to excessive levels of noise whilst working in the coal mining industry for the National Coal Board for around two and a half years and whilst working at Drakelow Power Station for a period of around 14 years.
Exposure to Noise
Mr C was employed at Cadley Hill and Donisthorpe Collieries as an underground pipe fitter and was exposed to the noise of hammering, drilling machinery, the pumping station and mine rail tracks. Whilst working for Drakelow Power Station (now E.on), Mr C was employed as a machine operator and was exposed to the noise of air lancers, boilers, extractor fans, trains, conveyors and cranes, amongst others. Hearing protection was never provided when he worked for the Coal Board and it was only provided towards the end of his power station employment. Even then it was not made compulsory nor was he trained on the dangers of excessive noise exposure.
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 £8,250 without the need for court proceedings.