Noise induced hearing loss damages

A man has been awarded £6,000 compensation pay out after he contracted noise induced hearing loss as a result of being exposed to noise from power tools and engine noise. As a result of being exposed to noise from air tools, sledge hammers, steam cleaners, air lines, grinders, engine noise and drills he developed hearing loss which is irreversible and causes him to have difficulties in understanding conversation. His lawyer said he was never warned or advised about the dangers of noise induced hearing loss or provided with any protective equipment.

Hi Abe

Do you reckon we could get payouts for Tinnitus?I was never told about working in plantrooms without ear defenders until it was too late.

It may have been due to excessive nightclubbing,but if i can claim against anyone i will blame it on work.;)

Go see a personal injury solicitor

Only way to prove it is a hearing test before you started employment, and then another test proving you have lost hearing ability. Even then, you have to somehow prove and supply testament that you didn't do anything outside of work to cause it like loud music, and prove that you had inadequent training and equipment.
Without a "before" and "after" test you can't prove you lost anything.

Even with a "before" and "after" test you'd have to prove that your employer was negligent. If you can't prove they were negligent, it's fair to assume you lost your hearing due to out of work activities or age.
That's the basics, even then you'd been fighting uphill to prove that you didn't work in unsafe conditions volutarily, ie didn't wear protection by choice etc, so you might need coroboration from other employees etc.

Sorry Paul i could`nt hear you! Could you repeat that?

Chunk,

You may have the sound turned down too low.:D

Quote:

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Originally Posted by paul_h

Only way to prove it is a hearing test before you started employment, and then another test proving you have lost hearing ability. Even then, you have to somehow prove and supply testament that you didn't do anything outside of work to cause it like loud music, and prove that you had inadequate training and equipment.
Without a "before" and "after" test you can't prove you lost anything.

Even with a "before" and "after" test you'd have to prove that your employer was negligent. If you can't prove they were negligent, it's fair to assume you lost your hearing due to out of work activities or age.
That's the basics, even then you'd been fighting uphill to prove that you didn't work in unsafe conditions volutarily, ie didn't wear protection by choice etc, so you might need corroboration from other employees etc.

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What normally happens in these cases is that, after a certain time, the legal eagles decide that it would be cheaper to come to some sort of deal rather than keep on spending money. hence, the poor guy who has lost or is in the process of losing his hearing is given a relatively small sum in settlement of the claim.

Without hard evidence in these cases, which is very difficult to obtain and prove, most cases would not end up with large payouts awarded by the court.

As one solicitor once said to me " it's not about right or wrong, it's all about who puts up the best argument on the day in court"

Problem always seems to be - how to get to court? A long, tortuous and expensive route.

The courts "do not like" cases coming up before them and clogging things up, hence the civil procedure rules, which govern the rules under which the courts operate have come up with what is called, The pre action protocols"

These dictate that you cant just issue a claim against anyone just like that, before any action is commenced, you initiate dialogue.

Letters are exchanged, points of view put forward and every avenue of contention discussed and exhausted.

If you take a case to court, and the Judge finds that no attempt was made to settle privately, then a severe costs order could result.

The courts additionally favour the concept of "mediation" or its referred to as " alternative dispute resolution" or ADR.

This is a whole lot cheaper than grinding through the tortuios court system. ( as Frank puts it!, except Frank knows how to spell tottuious!!!!! )

As a result a lot of mediators have sprung up. Mediators
are professional experts in their field, mind you they can still charge up to £600.00 per hour.

So, say we have a dispute about a compressor thats gone down still under warranty, and its a big supermarket job worth thousands.

Instead of litigation the parties mediate, instead of the many thousands it may cost in the court system, say 20k + , in ADR in may cost around 5k

Ok, tired of typing now, its Monday morning, weather sucks.......Im still in my gown.

Tea and chocolate coated digestives was great though
:)