Noise ruling could open floodgates

Reporter: by Richard Hooton
Date published: 04 June 2009


Hundreds in line for pay-outs

HUNDREDS of Oldhamers could claim millions in compensation for hearing loss caused by noisy workplaces, says a local solicitor.

Following a landmark Court of Appeal ruling, Mike Talbot says people could be entitled even if their injuries were caused by noise they didn’t think was loud enough to cause damage.

Noise at Work Regulations have existed since 1990 but the court also extended the time limit back to 1978 for anyone who worked in a factory enduring moderate noise.

Stephanie Baker (51), who was diagnosed with noise induced hearing loss, was awarded £3,500 after it was decided her employer, Nottinghamshire clothing manufacturer Quantum Clothing Group, should have done more to protect her hearing.

She worked for more than 20 years packing garments in the factory where she was subjected to 85 decibels of noise - legally not considered loud enough to cause injury before 1990.

But the judge accepted there was enough information available on the subject as far back as 1978 and her employer should have done more to protect her.

Mr Talbot, of workplace injuries solicitors Pearson Hinchliffe, in Queen Street, has been awaiting the court ruling for five years.

He said: “This is a hugely significant case. Before now it was generally believed that workers were not entitled to claim damages for hearing loss unless they were exposed to high levels of noise. The court has accepted that even relatively low level of noise can cause damage.

“Noise induced hearing loss affects thousands each year and this ruling will mean more people will be able to get justice.”

He estimates there will be hundreds of Oldhamers in the same situation who could claim between £3,000 to £18,000 — totalling millions.