11 June 2014

How to protect your business from historical noise injury claims

The manufacturing industry and in particular the printing industry is being targeted by a number of 'no win, no fee' compensation lawyers in relation to noise-induced hearing loss and tinnitus claims from employees who have been exposed to high levels of noise. The BPIF has learnt that some of these compensation claims are dating back to noise exposure from the late 1960's to the early 1970's. This is particularly the case in the Midlands where there is a radio advert running currently. 

For employers who have received letters from a personal injury lawyer acting on behalf of a current or previous employee, there are a number of areas that can be problematic. Claims for industrial injury regarding noise are easier to deal with if they relate to the last 10 to 20 years, but 30 to 40 years are more difficult. 

The biggest problem that employers face with civil claims for compensation dating this far back is evidence that they adequately managed the risk. Although noise in the workplace has been a known hazard within the industry for many years, the organisation would still need to demonstrate that they had assessed the risk, identified the correct hearing protection, educated the operatives in why and how to wear it correctly, enforced its wearing where required and where necessary provided audio metric testing.

One of the key questions by the compensation lawyer will be, "who was your insurer at the time"? Identifying your insurer from decades ago and providing the this information to defend the claim is going to be the biggest hurdle.

So, if you are an employer who now considers that the organisation may not have all the required documents and 'risk management' tools in place to comply with the law for workplace noise, come along to one of these FREE forums where Gary Lewis, Senior Associate at Squire Sanders solicitors will be able to talk you through the process of handling these claims. He will also cover off other areas of the law including Freedom to Choose a Lawyer and Legal Professional Privilege.

For further information and to book on one of the AM or PM sessions please contact Nicole Hughes, at [email protected].

Alternatively, view the event here: http://www.britishprint.com/page.asp?node=3613&action=view_event&tid=9312&sec=Midlands