Excessive noise levels at work Fentons client wins award

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Excessive noise levels at work Fentons client wins award

18th February 2008

Mrs R was employed by Avana Bakeries in Cardiff as a Production Worker. The Defendant business involved the cake manufacturing and confectionary. The working environment was such that Mrs R was exposed to excessive levels of noise at work during the period that she was employed by the Company between 1993 and 2004 not withstanding the company undertaking a review in relation to the noise levels and the provision of ear protectors during the closing years of Mrs R's employment.

In February 2005 Mrs R contacted Fentons Solicitors with instructions to pursue a claim in respect of deafness caused by the noise levels at work. At that point it was not clear whether or not the Claimants hearing problems were work related or due to age factors as there was no medical expert evidence available to confirm that diagnosis.

Fentons proceeded to instruct a hearing expert in Bristol who concluded that Mrs R was suffering from hearing loss, some related to natural ageing and some being noise related and consistent with the Claimants work history.

Liability in relation to the Claimants accident was denied by Avana Bakeries who contended that they had an adequate risk assessment and monitoring system in place and that the Claimant had been provided with suitable ear protective equipment.

Court proceedings were commenced. The proceedings were fully defended and the matter was listed for trial to take place at Cardiff County Court on the 12th September 2007 for the sum of £15,000 in terms that were very favourable for the Claimant. This included compensation not only for the noise related hearing loss that she had suffered but also the cost of hearing aids and equipment that the Claimant had required as a consequence of the deterioration in her hearing condition caused by noise at work.

Nigel Smith an an Associate at Fentons Solicitors acted for the claimant.

How can Fentons Solicitors help?

Fentons have a specialist Industrial Disease department experienced in handling claims for most forms of Industrial Disease.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims quesionnaire.