Labourer suffers severe hearing loss, a warning from Asons Solicitors

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After 10 months of comprehensive research and legal work, Asons Solicitors have settled a £4,500 deafness claim for their client.

According to the case documents, the Asons’ client, aged 54, advised that he was employed as a Labourer from 1980 to 1998. During his employment, the client was surrounded by machinery, and was regularly involved in the use of equipment, such as jack hammers and power tools.

According to the letter of claim, Asons’ client was required to work in an excessively noisy environment, whilst carrying out his duties. To communicate, he was left with no other option but to shout. He worked 8 hours days, 5 days a week.

Asons Executive, Thomas Fairclough made the following statement:

“Our client worked in an extremely loud environment; according to our documents, no provision was made for suitable and efficient hearing protection during his employment. The company also failed to ensure that any noise or risk assessments were carried out, no measures were taken to determine whether or not the noise levels their employees were exposed to were safe.”

The letter of claim outlined how the company failed to make the claimant aware of the risks of noise exposure. No information, supervision or training, was given to educate employees about the risks of such exposure, nor were they made aware of the steps they could take to minimize the risk.

The letter of claim, also stated, that no warning signs were present within the client’s place of work, and that there was no system in place to enforce the wearing of hearing protection in the demarcated zones. By failing to implement, and maintain a safe system of work, the claimant was not protected against the excessive noise exposure in the workplace.

Measures could, and should, have been implemented, following the consideration of any risk assessments. Allowing assessments to be made to reduce noise levels, or exposure times, would have meant that noise was at a level which would not have risked the claimant being injured. However the lack of risk assessments conducted prevented these safety measures from being implemented, which resulted in this industrial deafness claim.

According to industrial deafness.org, the lower exposure action level set out to employers by the Health and Safety Executive is an 80dB weekly or daily exposure level. At this level, the employer must be responsible for providing employees with training, and information on noise levels; as well as making hearing protection available to staff. Failing to provide adequate training, and hearing protection, can cause hearing problems, especially in industries that have higher rates of industrial deafness such as construction, music, engineering and factory work (1)

Asons Solicitors suggest that if someone would like to learn more about the deafness claim process, or if they would like to better understand industrial deafness, that information is available at http://www.asons.co.uk, or via an expert helpline on 01204 521 133

(1)    Causes of industrial deafness - http://www.industrialdeafness.org.uk/causes-of-industrial-deafness - Industrial Deafness.org July 2013

–ENDS –

About Asons Solicitors:

Asons Solicitors is a Bolton-based law practice that specialises in personal injury and industrial disease claims. Founded by brothers Imran Akram and Kamran Akram, Asons Solicitors has developed to become a young and dynamic law firm that delivers practical solutions to clients in times of difficulty. Their continued focus on their staff has seen them awarded with the Investors in People “Gold Award”; which is reflected in the professional and personable approach they take in working with clients. They strive to grow and to develop, and their supportiveness and attention to detail ensures that their clients use them time and again.
For further information contact:

Email: info(at)ason(dot)co.uk
Website: http://www.asons.co.uk

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Imran Akram
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