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In 2011 the Supreme Court made a landmark ruling regarding the future of workplace-related noise-induced hearing loss claims.
In overturning a 2009 Court of Appeal decision in Baker v Quantum Clothing Group Limited it ruled in favour of employers by holding they should not generally be considered liable for noise-induced hearing loss claims in cases where claimants suffered exposure to noise levels below 90 decibels prior to the 1990 introduction of the Noise At Work Regulations.
The decision brought to an end the long-standing industrial deafness litigation originally initiated in 2004 by several hundred UK textile workers – all of whom claimed they had suffered damage to their hearing by sub-90 decibel level workplace noise.
However, in dismissing the claims of the textile workers, the Supreme Court ruled that there could be no liability, either under common law or under the Factories Act, for worker deafness caused pre-1990 by sub-90 decibel workplace noise – however, exception was made for cases where employers had "special knowledge" of workplace-specific factors.
"The Supreme Court's decision includes a detailed analysis of the law on employers' liability generally and, as a result, will be a benchmark decision in the years to come," commented a lawyer who acted for the defendants in the case.
"While it applies immediately to industrial deafness, it is also likely to have broader application in relation to employers' liability claims. If the Supreme Court had dismissed the appeal it would potentially have opened the floodgates for thousands of other claimants, particularly those with long working histories in the industrial, leisure and retail sectors," he added.
Claim compensation for noise-induced hearing loss
Since 1990 all workers have had legal protection from noise levels of 90 decibels and above. In the event that employers have failed to uphold this protection, full, 100 percent compensation may be sought.
YouClaim's industrial deafness solicitors have the right expertise and experience to secure maximum settlements for workers who have suffered deafness or tinnitus as a result of occupational noise.
Our noise-induced deafness claim service is without charge to the claimant, win or lose, while we never take a cut, ensuring every penny in a won case goes direct to the claimant.
If you would like to find out more about your legal rights and your chances of claiming compensation, call us today, on 0800 10 757 95, E-chat or request a Call-back.
