20 August 2014

Noise Injury Claims - Protect Your Business

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 some regions where radio adverts are 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 this information to defend the claim is going to be the biggest hurdle.

The BPIF has held a number of seminars at our regional offices where Gary Lewis, Senior Associate at Squire Sanders solicitors has brought BPIF members through the process of handling these claims. He has also covered other areas of the law including Freedom to Choose a Lawyer and Legal Professional Privilege.

 If you are an employer who is being affected by historical noise injury claims please contact your local regional office for some advice.