Three workers from Taylors of Harrogate have agreed an out of court settlement to manage the symptoms of Tinnitus, after developing the hearing condition whilst working for the well known Yorkshire firm.
Wake Smith & Tofields, the solicitors acting on behalf of the three claimants, are highlighting the case as the nation approaches Tinnitus Awareness Week 8 - 14th February 2010, which is organised by Sheffield based charity British Tinnitus Association (BTA).
The case highlights the implications of low level noise on noise related hearing loss and the onset of tinnitus.
Case study: Alarm bells
Ian Walker, 43 of Ripon, North Yorkshire, has been employed to work for Taylors of Harrogate, twinned to the world renowned Betty's Tea Rooms in Yorkshire, as a Machine Engineer since 1993 processing tea leaves.
Ian contacted the BTA in late 2007 after complaining of ringing in the ears and suffering some sensitivity. Originally told that his hearing problems were caused by noisy hobbies and not from work, Ian put up with painful symptoms simply as a fact of life. He later started to question the advice received from work upon discovering that 12 other work colleagues had also been told that their problems were as a result of their private life, and not work related.
Hearing tests arranged by Wake Smith revealed that Ian had, what was later described by the audiologists as, 'text book' noise induced hearing loss, which was said to be responsible for Tinnitus. The same tests later confirmed that other employees were also suffering from the same condition.
With the support of Wake Smith & Tofields, Ian and his work colleagues decided to pursue legal action to help finance the cost of living with the problem in later life. In January 2010 employers Taylors of Harrogate settled the case out of court for a five-figure sum, providing each claimant with funds that would help manage the symptoms of tinnitus.
Martin Harvey, partner in the Work Related Illnesses team at Wake Smith & Tofields, comments;
"Gone are the days where we see people with hearing loss just from very loud noise at work - more and more people are suffering from hidden noise damage from lower noise exposures which only surface in later life, or when tinnitus starts to become a problem. This is a relatively recent revelation and is therefore likely to affect many more workers across Yorkshire, in factories and businesses where noise is perceived to 'low level' but may in fact cause damage long term.
"As a result of this case each of the claimants now has compensation that will enable them to purchase digital hearing aids, pillow speakers and bedside sound generators, all recommended to help deal with the symptoms of tinnitus, and make daily lives much more comfortable.
"Ian and his colleagues were lucky to have taken action when they did. If it hadn't been for the BTA then Mr Walker would not have known that anything could be done to help manage his Tinnitus. "
Ian Walker said: "I first noticed a ringing in my ears in 2002 and was in some pain as my ears seemed very sensitive.
"Our Health and Safety Manager believed the noise levels to be safe and the company made some changes to protect staff. However I have subsequently learnt that the provisions put in place by Taylors, made with the best of intentions, were not adequate to protect my own hearing and that of my colleagues.
"Whilst I am delighted at the outcome of the case it is sad to know that the problem could have been avoided altogether. Thankfully as a result of this case Taylors have now taken action to improve hearing protection for their workers and awareness has been raised around this issue."
To raise awareness of Tinnitus caused by noise at work, Wake Smith & Tofields is working with the BTA and national audiologist chain Hidden Hearing to provide free hearing tests and advice in the run up to and during Tinnitus week. To view your nearest Hidden Hearing centre visit www.hiddenhearing.com.
For further information please contact Kevin Bostock at [email protected] or call 0114 266 6660.
