Irwin Mitchell’s specialised industrial disease team has recently helped a Birmingham machine operator from Birmingham to recover compensation against his former employer, Kozee Sleep (Midlands) Ltd after he developed a profound loss of hearing during his employment between 1998 to 2003.
Mr H was exposed to excessively high levels of noise from various pieces of industrial equipment, including air pressured staple guns, drilling and wood cutting machines. At no stage was Mr H provided with any ear protection during his employment, which consequently led to his hearing loss.
Mr H decided to contact Irwin Mitchell’s specialised industrial disease team and one of our experienced solicitors, Alex Shorey, was able to deal with his claim. Mr H’s former employer initially denied responsibility for his injury and argued that Mr H did not require hearing protection, as he was not exposed to excessive noise levels. An investigation was launched by Alex and the team, in which Kozee Sleep Ltd was unable to provide any relevant noise surveys. In conjunction with the medical evidence gathered by the team, court proceedings were initiated.
As a result of the hard work and dedication of Alex and the Irwin Mitchell legal team, Mr H was awarded £5,000 in compensation.
Commenting on the case, Alex said: “This case is a classic example of an employer who was clearly exposing Mr H to excessive levels of noise. Their argument against the case was ultimately floored by the lack of any noise evaluation records or evidence that hearing protection was provided.
"Where we have obtained supportive medical evidence, we will actively and efficiently pursue companies by starting formal court proceedings in an attempt to maximise the amount of compensation our clients can look to recover.
“One of the most important issues in this type of case is that employees who have noticed hearing difficulties or may be experiencing signs of tinnitus contact us as soon as possible. There are strict time limits which apply to these claims and therefore the sooner medical attention and advice is sought the better and the quicker we can begin to progress claims”.
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