£12,000 Compensation Awarded in Hearing Loss Claim
A Hearing Loss Claim Case Study - Client Situation
Our client approached us to find out if he could claim compensation for his work-related hearing loss and tinnitus. He told us he has been exposed to excessive noise whilst working for his employer for several decades.
His situation was complicated because he had undertaken several different roles whilst working for his employer, and a co-worker he had identified as a witness didn’t want to become involved in the case.
How We Helped
Upon submitting the claim to the employer, Industrial Disease Solicitor Paul Currie, assisted by Litigation Executive Joanne Woodward, obtained medical evidence from an experienced hearing loss expert, who confirmed that our client’s hearing loss and tinnitus were caused by exposure to excessive noise.
Our client’s employer initially refused to disclose relevant documents and Paul Currie made an application to force them to do so. Further investigations revealed that the employer had even been investigated by the Health and Safety Executive over a number of issues including exposure to noise.
The employer’s Solicitor challenged our client’s hearing loss claim on the grounds that he had brought it too late, that his hearing loss and tinnitus had not been caused by exposure to excessive noise and that the noise levels to which our client was exposed were not in excess of relevant limits.
They also sought permission to obtain their own expert medical evidence and the Court made an Order appointing an acoustic engineer to assess levels of noise. At all times, Industrial Disease Solicitor Paul Currie maintained our client’s case was a reasonable one and fought for the compensation he deserved.
Our client’s claim for hearing loss compensation went to a Trial lasting 2 days, during which experts for both sides gave evidence at Court. The claim was successful and our client was awarded £8,415 damages.
The Judge’s award of compensation was significant because our client had beaten his own well pitched offer to settle the claim made almost 3 years prior. As a result, he was entitled to enhanced compensation and interest, meaning his eventual award exceeded £12,000.
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London, Manchester and Southport.