Mr Phelan was exposed to excessive levels of noise, whilst working in the textiles industry for a period of 36 years. Mr Phelan worked for Smith & Nephew (Textiles) Ltd of Brierfield Mills, Brierfield, Lancashire, during his period of employment. He was employed as a rollier carrier, a warp gaiter, a weaver, an apprentice overlooker and a qualified overlooker, variously throughout.

During the course of Mr Phelan’s employment, he was exposed to various kinds of textile manufacturing machinery, including Northrop looms and Sulzer looms. Mr Phelan advises that it was not until much later in his employment, that ear plugs and ear defenders were provided by the company, by which time, most of the damage had already been done.

Mr Phelan now suffers from mild noise induced hearing loss, 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 Phelan’s claim.

Shortly after the letter of claim was served on the defendants, they admitted negligent exposure. Since then, WE Solicitors managed to negotiate an out of court settlement of £3,000.00 for Mr Phelan, avoiding the need for court proceedings. Both Mr Phelan and WE Solicitors are very pleased with the outcome.