Our client was employed by Arthur Shaw & Co Ltd which later became known as Arthur Shaw Manufacturing Ltd as a production line worker at their factory which was located at 1 Rose Hill in Willenhall, West Midlands.
Our client worked at the site between 1973- 1975 and 1978- 1991, where windows and frames were manufactured.
She was required to hang brackets and handles for windows onto wiring for them to be powder coated by the pneumatic spray guns. There was also other engineering machinery close to her which also created a lot of noise. Our client was not provided with any hearing protection and the company never warned her that noise could permanently damage their hearing.
She began to notice that her hearing had reduced when she found that family members would be talking and she could not hear what they were saying, resulting in our client feeling isolated as they could not join in with conversation without frequently family members to repeat themselves. At the time our client, who is 62 years old, was not sure what was causing her hearing problems and put them down to getting older but when she went for a hearing test, she was told that the results indicated that her hearing had been damaged by noise.
Our client approached us to act on his behalf in a claim for compensation against his former employer and she was represented by Reiss Matthews, a lawyer in Irwin Mitchell's Personal Injury department in Birmingham who specialises in noise induced deafness cases.
We were able to successfully obtain for our client a four figure sum from the company’s insurers in compensation for her hearing loss caused by noise exposure.
Reiss said: "Although I am very pleased to be able to secure compensation on my client’s behalf it is disappointing that my client sustained these injuries in the first place; accepted knowledge of the risks to health associated with exposure to noise dates back to 1963. Despite this knowledge many employees such as our client continued to be negligently exposed to noise by their employer without hearing protection. Our client’s noise induced hearing loss was avoidable by affording them the hearing protection that she was entitled to."
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