Noise induced hearing loss sufferer, Mr C, wins settlement of just over £2,450.00 through WE Solicitors.

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.

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 Mr C worked for the Coal Board, and it was only provided towards the end of his power station employment, but it was not however made compulsory and nor was Mr C ever trained on the dangers of excessive noise exposure there.

Mr C now suffers from mild noise induced hearing loss and mild noise related tinnitus, which was confirmed when WE Solicitors arranged a medical assessment of his hearing condition. This was presented to the defendants, as part of the evidence, to support Mr C’s claim.

This claim was not straightforward, as some of Mr C’s noise exposure could not be claimed for, as some took place prior to 1963, which is the date of guilty knowledge. Additionally, some of his periods of exposure were only a few months at a time and were therefore too short to claim for (also known as being de minimis).

Despite this, WE Solicitors were able to negotiate an out of court settlement of just over £2,450.00 for Mr C, in settlement of his claims against the National Coal Board and Drakelow Power Station, avoiding the need for court proceedings. Both Mr C and WE Solicitors are very pleased with the outcome.