Pictured above: Dawn Humphries

Many people in Shropshire may not realise their place of work could result in them suffering from industrial deafness, which is also know as occupational deafness or noise induced hearing loss, as this is a risk associated with many industries from manufacturing and engineering to call centres.

Dawn Humphries, an associate solicitor with local leading law firm Lanyon Bowdler explains how this injury may lie hidden for some time. "In many industrial deafness cases there is a long latent period of exposure, this means cases are often discovered well beyond the initial three year limitation period given for bringing claims of this nature. It therefore needs to be established as to whether a statutory breach of the common law duty to protect an employee, has taken place.

"The Court would consider whether exposure in the workplace to noise levels were dangerously high by today's purposes. The current maximum average noise level an employee should be exposed to, over a day or week, is approximately 85 decibels.  

In many cases where employers have been employed in the 1960's and 1970's, protection was never considered. Under the old legislation the obligation was to ensure that a workplace was safe, the only defence being practicability. It was known by the early 1970's that a number of people would suffer significant harm as a result of prolonged exposure to noise levels over 85 decibels.  So to be successful with industrial deafness claims, it has to be demonstrated that the workplace was not safe, and the employer has to prove that it was not reasonably practical to eliminate the risk."

As already mentioned, along with a number of other industrial diseases cases, the victim often only finds out about their problems at a later stage, possibly several years after leaving the place of employment. If someone feels they may have suffered an industrial disease, it is important to seek early legal advice from a specialist lawyer."

For more information about Lanyon Bowdler, please visit their website here: www.lblaw.co.uk