Vegetable preparation machines bellow noise

47 year old David Bargh worked for G. W. Price (previously Prepared Veg Ltd.) for 20 years between 1989 and 2009.  During his time at the vegetable preparation company, he worked in a very noisy environment, regularly enclosed with a group of 10 operatives in a 30 ft. x 30 ft. space in which several machines would be bellowing out noise all at once. Machines such as potato rumblers (in which swedes were often very noisily prepared as it was quicker than doing it by hand), dicing and slicing machines, metal detectors that rang a bell if metal was detected in any of the vegetable preparation machines, salad spinners and multi vac bagging machines would bang and grind all day. David says the noisiest machine by far was the compressor used to power a potato rumbler that was introduced in 1997 and used compressed air to take the skins off.

Poorly maintained machines increased noise levels

David often worked may hours’ overtime in this difficult and noisy environment and says that the machines were poorly maintained, which increased the noise levels.  For example, when a conveyor belt started to squeak, it was not repaired but left contributing to the cacophony. G W Price often adapted existing machinery to fit a purpose and a space rather than buying new equipment.

During his time at the company, David was promoted to work in quality control and then onto manager when a previous manager left, but to save costs, he still had to continue with his work on the machines.

Employer failed to provide protective equipment

David’s employers never offered him any ear protection, which, undoubtedly, would have prevented him from doing his job at the time as, in this extremely noisy environment, he was expected to listen out for the phone (a bell was installed on the factory floor) so he could carry out his managerial duties taking orders and calls from customers, as well as listening out for blades breaking on the various machines so that metal didn’t enter the food chain.  The only way to communicate here was to shout!

Taking up the majority of his working life, his time at G. W. Price is the only time during which David has been exposed to noise.  He now works at a bakery where full hearing protection is provided and strictly enforced when he works in a noisy area.  His employers also carry out health screening including hearing testing.

Work leads to noise induced hearing loss

A hearing test in 2012 showed evidence of noise induced hearing loss.  An MRI scan showed everything was normal but it was confirmed that David has suffered irreversible noise induced deafness.  Whilst he had not previously thought of making a compensation claim, this confirmation of his deafness prompted him to do so and he contacted the National Accident Helpline (NAH).  He was referred to Belinda Lancaster at Graysons, who specialises in deafness claims and is an expert on the NAH panel.  Belinda took up David’s case, which eventually went to trial at Sheffield County Court on 24^th November 2015.  She won the case and David was awarded £4,000 in general damages and £5,000 toward the cost of future hearing aids.

David says “Belinda has been top notch! She has kept me informed throughout the 3 years that this case has been ongoing.  I always knew when there had been a development.  She was really on the ball: polite, professional and reassuring when things got stressful.  I am very happy with the result.  I couldn’t have wished for more.  I simply felt that as I had given 20 years of my life to the company, it should give a little back and the compensation will go towards my future hearing needs.”

Belinda says “These cases are very difficult to win and Mr Bargh was successful as he acted promptly.  As soon as his current employer told him his hearing was not as it should be, he contacted the NAH.  Under the Limitation Act, you only have 3 years to bring a claim – otherwise your claim can be declared out of time.  If you have worked in noise and you think, or suspect, that your hearing is not as it should be, consult a solicitor now or you may run out of time.  Courts have a discretion to extend the time period but often side with employers.  Not knowing the law isn’t a good enough reason not to claim in time!”

Belinda specialises in hearing loss claims and can be contacted at belinda.lancaster@graysons.co.uk.  You can read more about occupational deafness here or you can visit our occupational illness pages for more information about claiming compensation for other injuries and illnesses that may result from your work.