Mr B was exposed to excessive levels of noise, whilst working in the engineering industry for a period of over 7 years. Mr B worked for Duramin Engineering (Lydney) Ltd of Harbour Road Trading Estate, in Lydney, Gloucestershire. The company made metal shipping containers and Mr B was employed as a factory and wood mill worker throughout. During this time, he was exposed to the noise of drilling metal with pneumatic drills, hammering metal, the use of rivet guns, the circular saw (used for cutting through metal), electrical sanders, planers, cross-cut saws (for cutting and shaping wood) and air powered screw drivers.
During Mr B’s employment, he was never provided with hearing protection and nor was he ever made aware of the dangers that working in excessive noise gives rise to. Mr B now suffers from mild noise induced hearing loss and a moderate degree of 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 B’s claim.
Some of Mr B’s noise exposure could not be claimed for, as there was a period of time, during Mr B’s employment with the defendant, where the insurers could not be traced. As the defendant is no longer trading, the damages could not be recovered from the company directly and there was effectively no paymaster for that period.
Despite this, WE Solicitors were able to negotiate an out of court settlement of £2,500.00 for Mr B, avoiding the need for court proceedings. Both Mr B and WE Solicitors are pleased with the outcome.