Mr Alan Birch was exposed to excessive levels of noise, whilst working in the Wagon Building industry for a period of over 35 years. Mr Alan Birch worked for The Standard Railway Wagon Co Limited, which was later known as Powell Dyffryn.

He was employed as a Wagon Builder working on steel wagons. He was exposed to excessive noise from riveting, drilling, welding and air chisels.

Mr Birch was not provided with hearing protection until the late 1980’s, the wearing of which was not enforced. He was never made aware of the dangers that working in excessive noise gives rise to. Mr Alan Birch now suffers from noise induced hearing loss and 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 Alan Birch’s claim.

Some of Mr Birch’s noise exposure could not be claimed for, as some took place prior to 1963, which is the date of guilty knowledge. Additionally, the company is no longer trading and some of the insurance cover was not traced.

The Defendants denied the claim originally arguing that the claim was out of time and that in their opinion, Mr Birch’ hearing loss was not noise related.

Following extensive negotiations with the Defendant’s representatives, an out of Court settlement was reached in the sum of £4,000.