Industry
Mr. P worked for East Lancashire Paper Mill in Radcliffe from 1965 to 1977, initially as a ‘Conditioner’ and later as a ‘Reeler man’. In 1977 Mr. P started work with Robert Fletcher & Son Limited at their Mill in Stoneclough.
Exposure to Noise
Mr. P was never provided with any hearing protection at East Lancashire Paper Mill or Robert Fletcher’s despite paper making being extremely noisy because of the huge machines used in the paper making process. He was never given any warning about the dangers of exposure to excessive noise. Mr. P described the noise as “exceptionally loud, so much so, I had to lip read.”
The client recalled being exposed to excessive noise from Pulping machines, Refining machines and Paper Making machines.
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 £5,000 without the need for court proceedings.