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Irwin Mitchell’s specialised workplace injury team has helped a man in his 50s claim compensation after he suffered a loss of hearing due to exposure to excessive noise.
Our client was employed as a panel beater for Michael Anthony Accident and Repair Specialists in Mid Glamorgan, Wales.
He was exposed to excessive levels of noise from the use of pneumatic tools including impact wrenches, air chisels, grinders, sanders and hammers. He was also exposed to noise from the air compressors and paint spraying equipment at the garage.
Our client had a hearing test which indicated that his hearing levels were much lower than expected for a man his age. He contacted Irwin Mitchell’s specialised workplace injury team after suspecting that his hearing defect was caused by his past noise exposure.
One of Irwin Mitchell’s experienced solicitors, Mark Lennon, was able to investigate a claim and secured a settlement on our client’s behalf.
Mark said: “My client’s former employer defended my client’s claim from the outset, giving him no alternative but to commence formal court proceedings.
“They challenged his claim in several ways: by arguing that the noise levels were not excessive and by stating that they provided my client with ear protection, which my client denied.
“We instructed a specialist liability engineer to produce a report on the likely noise levels my client was exposed to. Although his noise exposure from using the power tools was at times intermittent, the engineer concluded that the noise levels when such equipment is used is so intense that when averaged out over a work shift they create a clear risk of hearing damage to the user. My client should then have been provided with hearing protection at all times but he was not.
“I am pleased that we secured a four figure settlement for my client.”
If you or a loved one has suffered from hearing damage such as acoustic shock, tinnitus, and noise-induced hearing loss caused by conditions at work our solicitors could help you claim compensation. See our Industrial Disease Claims page for more information.
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