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The Control of Noise at Work Regulations of 2005 place obligations on employers to protect the hearing of workers, any failure to do so can result in both a health and safety prosecution and the affected worker instructing a personal injury solicitor to mount a compensation claim.
This reality applies to all workplaces, regardless of the level of risk. For example, construction workers, who work in one of the noisiest industries in the UK, are entitled to the same level of protection as librarians, who have one of the least noise-hazardous jobs.
This is neatly illustrated by the case of a 72-year-old former plant operator who in 2010 received a deafness compensation settlement after earlier instructing a personal injury solicitor to mount a claim for deafness.
The claimant had first started working in the construction industry in 1968 and, in the course of his many years of service, frequently drove noisy mobile construction equipment.
However, it was not until 1982 that the man received any form of protective equipment. Until that point he had driven the mobile equipment without any ear protection; indeed, he had often done so without even a driver's cab to act as a filter for excessive noise.
As with many workers who develop occupational deafness the damage to the claimant's hearing gradually occurred over time. It was not until his family expressed concerns about the man's diminished hearing that he went for audiometric testing and discovered that he was suffering from significant hearing loss.
Once this had been established he contacted a no win, no fee firm to launch the claim that would eventually result in the payout of a four-figure sum of compensation.
This case and the myriad others like it demonstrate that although construction, an industry with hearing loss rate much higher than the all-industry average, may be inherently noise-hazardous, unless employers work to militate against it, those affected will be entitled to receive appropriate damages.
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Speak to a legal advisor
Whether you are considering a claim for work-related injury or illness or for some form of accident, consult a legal advisor, without charge or obligation, to find out about your rights. Simply echat, complete an online claim form or call us, on 0800 10 757 95.
