Expert Industrial Illness Lawyers Secure Settlement After Successful Trial

Specialist industrial illness lawyers at Irwin Mitchell have secured a four-figure settlement for a former fabricator after he suffered noise-induced hearing loss as a result of the safety failings of his former employers.

Terry Jones, 67, was exposed to excessive levels of noise while working in South Wales for Southern Welding Co between 1963 and 1974 and Press Construction Limited, where he worked from 1982 to 1986.

Terry, who was originally from a small village near Swansea, South Wales, but now lives in Hungerford, Berkshire, worked as a fabricator and welder at both firms and spent long periods of his day in noisy environments.

At a trial at Reading County Court in April 2015 expert workplace illness lawyers at Irwin Mitchell were able to secure a judgment for Terry, as the Court exercised its discretion in allowing his claim to proceed. The Court ruled that in the interests of justice and despite the three-year time limit having expired the claim should nevertheless proceed.

Both Southern Welding Co and Press Construction Limited denied liability for exposing Terry to excessive levels of noise at work, but his lawyers at Irwin Mitchell have since secured him a four-figure settlement to cover the cost of hearing equipment he will need as his hearing deteriorates.

Alex Shorey, an expert industrial illness lawyer at Irwin Mitchell, said: 

Expert Opinion

“Noise-induced hearing loss is a very serious problem, particularly in the manufacturing industry, where heavy machinery is in operation.

“Claims for those affected by industrial diseases and illnesses are subject to a strict three year time limit. In such circumstances and in order to pursue legal action against those responsible, claims must be brought within three years from the date that symptoms become apparent and are attributed to a person’s employment.

“Upon hearing all of the evidence in our case the Court ruled in favour of our client and allowed Terry’s claim to proceed. Most importantly the case illustrates the need for those affected by workplace illnesses and diseases to come forward as soon as they are made aware their problems may be a result of the environment they worked in, or the failure of businesses to protect their employees.

“Unfortunately, in our work we come across many companies that fail to take the necessary precautions to ensure workers do not suffer hearing damage and we are delighted to have secured Terry a settlement that will ensure he can access the devices he will need for the rest of his life.” Alex Shorey - Senior Associate Solicitor

Terry, a father-of-four, said: “The hearing loss I have suffered has really impacted my day-to-day life. For some time I have struggled to follow conversations and was forced to ask people to repeat themselves, which was extremely embarrassing for me, particularly in a work environment.

“I worked in noisy environments for large parts of my career without any kind of hearing protection. I can’t help but feel angry that my working environment and employers are responsible for the problems I’m facing now.

“I’m glad the Court allowed my case to proceed and I feel that justice has now been done and those responsible for my hearing loss have been held to account.”

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.