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Damages for hearing loss

Damages awarded against Department of Transport for former worker’s hearing damage Trial Result: The High Court has ruled that the Department of Transport (DfT) is liable to pay compensation to the family of a man who suffered from industrial deafness as a result of working on steam railways in the 1960s. John Wignall, who died in 2014, was employed from the late 1950s until 1966 as a fireman on the footplate of steam trains, and was struck by industrial deafness in his later years. In a statement before his death, Mr Wignall said the trains were so noisy that he had to shout to be heard by colleagues standing only two feet away. His lawyers began a damages claim against the government in 2012. His family continued with the claim after Mr Wignall’s death. On 4 July 2016 at the High Court, Judge Philip Butler ruled the Department of Transport liable to pay compensation to Mr Wignall’s family. Rejecting arguments that the claim had been brought too late, the judge said it was only late in life that Mr Wignall had made the link between his work on the railways and his deafness. He said British Rail, Mr Wignall’s employer at the time, had ‘guilty knowledge’ of the risk of industrial deafness from 1961 or 1962 onwards, but had not done enough to warn its footplate workers. Comprehensive noise surveys should have been carried out by the middle of 1962 and workers given information and training to protect themselves. He ruled that Mr Wignall’s lawyers had proved his deafness was, at least in part, due to ‘hazardous noise exposure’ on the railways. He valued the overall claim at £6,000, but ruled that only a relatively small proportion of blame was attributable to British Rail. LNB News 04/07/2016 188/Lexis Nexis

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Grimsby workers hearing loss claims

Industrial Deafness is also known as Occupational Deafness or Noise Induced Hearing Loss and is deafness or hearing loss caused by working in excessive levels of noise at work.

In Grimsby, North East Lincolnshire thousands of people have worked and continue to work in high levels of noise in many different industries putting them at risk of suffering work related hearing loss and tinnitus.

Grimsby Industries Exposing Workers To Risk Of Work Related Deafness And Tinnitus
Noisy industries in Grimsby putting workers at risk of hearing loss and tinnitus include noisy factory environments where noisy machinery is used by factory workers in the food, frozen food, fish processing, manufacturing, engineering, metal working, chemical and plastics industries and in the construction, shipping and fishing industries.

Also BT engineers, electricians, mechanics, sheet metal workers, metal castings and foundry workers, body shop workers, welders, platers, fitters, machinists, ferry workers, dockyard workers, road workers and lorry drivers have been exposed to dangerous levels of noise increasing the risk they will suffer from noise induced or industrial hearing loss.

For example it has been reported that a law firm helped a Grimsby widow claim a four figure sum in compensation for her deafness due to noise from work machinery at Icelandic Food’s Coldwater Factory on the Pyewipe, Grimsby. The food processing factory operative was exposed to excessive noise over a 13 year period when she worked next to band saws cutting fish and other noisy work equipment without hearing protection.

Concerned About Hearing Loss?
If you have worked in a noisy environment and have noticed you are suffering from hearing loss or think you are going deaf, there’s a chance you may be suffering from work related hearing loss.

To find out if you are suffering from occupational deafness you need to undergo a hearing test as the results will clearly show if you have suffered noise damage to your hearing. Nigel Askew Solicitor will be pleased to arrange a free hearing test for you.

What Is Tinnitus?
Tinnitus is when you can hear noises, commonly ringing and/or buzzing, in your ears or head. If you have an element of noise induced hearing loss the chances are your tinnitus is also work related.

Unfortunately your industrial deafness and tinnitus is permanent and cannot be cured, however, you may benefit from digital hearing aids for your hearing loss and there are forms of tinnitus treatment but no tinnitus cure. Nigel Askew Solicitor will include the cost of private digital hearings aids and tinnitus treatment so you do not have to wait for them on the NHS.

Who Is Responsible For Industrial Deafness?
Employers have a duty to keep workers safe at work and this includes preventing workers from being exposed to high levels of noise which could cause hearing loss. If your employers did not protect you from high levels of noise at work by supplying hearing protection and you now have noise induced hearing loss, you could be entitled to compensation from them.

You can still make a claim even if you no longer work for the employer who exposed you to excessive noise and even if the employer no longer exists. By law employers must have Employers’ Liability Insurance to pay compensation to workers who have been injured or made ill at work.

Noise induced hearing loss can take years to become serious enough to be significant and you would normally have three years to bring your claim for hearing loss, starting from when it became significant and you thought it might have been caused by your work.

Specialist Industrial Hearing Loss Claim Injury Lawyer
Time limits apply so it is important that you have an experienced noise induced hearing loss solicitor handling your claim otherwise you are likely to get nothing or significantly less than you are entitled to. To ensure you receive full compensation for your industrial deafness claim in Grimsby, Lincolnshire get in touch with me by calling 01507 609027 or online for a free, no-obligation consultation about your case. All cases are pursued on a no win no fee basis, with no hidden charges.