metal press stamping machine operator deafness tinnitus

Metal Press Stamping Machine Operator Claim: Excessive Noise Causing Hearing Damage

In this foundry worker Q&A we look at a metal press stamping machine operator claim for hearing loss and tinnitus caused by exposure to excessive noise

We consider two components of hearing damage – both noise induced hearing loss and a permanent ringing in the ears (tinnitus).

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Metal Press Stamping Machine Operator DESCRIPTION

I worked in a foundry first in Leeds and later in Sheffield for approximately 20 years. Recently I have noticed that my hearing has started to deteriorate coupled with a permanent ringing in my ears which is most prominent at night.

I was a machine operator for a metal press stamping machine. The noise levels from these machines was constant with the stamping machine making periodic explosive sounds.

I was not provided with any form of hearing protection. Over the last year I have noticed that my hearing has gradually deteriorated. Firstly starting with my wife and children complaining that I was turning the TV up too loud and that I would miss the telephone ringing or a knock at the door.

I went to my GP last week and was sent for a hearing test. The resultant audiogram shows that I am suffering from noise induced hearing loss. Additional tests identified tinnitus in both ears.

The company I worked for in the past is no longer in business, so I wonder if it is still possible to make a claim?

Q&A – Metal Press Stamp Machine Hearing Damage Claim

Q: I worked as a metal press stamp machine operator for a company that is no longer in business - can I claim compensation for hearing loss and tinnitus diagnosed ?

A: So long as you can show that your employer exposed you to excessive noise without adequate hearing protection or warnings of the dangers of noise it is likely you will be able to claim compensation. The fact your employer is no longer in business will not in itself be an issue. A solicitor can trace your former employer's insurer, who will be obliged to meet the claim. Alternatively, a different company could have taken over your former employer and may themselves have liability. However, statutory limitation does apply to making a claim - which is generally three years from date of injury or knowledge of injury. Considerations - such as time of employment, date of onset of symptoms, date medical attention first sort and date of diagnosis of hearing damage - will all be relevant factors in interpreting limitation. You should speak to a specialist solicitor as soon as possible to assess these factors.

DETAILED RESPONSE – Industrial Deafness / Tinnitus Claims

It seems form your description that you were exposed to continuous excessive noise from the foundry metal press stamping machine.

No hearing protection or warnings of dangers of noise

You were not provided with any hearing protection. In addition, it is unlikely you were given warnings about the dangers to your hearing from continuous loud noise.

It seems therefore that your foundry employer in both Leeds and Sheffield was negligent and as such legally responsible for your injuries.

Recent hearing loss diagnosis and onset of symptoms

You have indicated that not only did your first symptoms commence in the last year, but also you have only recently been diagnosed with hearing damage. Being both noise induced hearing loss and tinnitus.

Three years to commence a claim

There are three years from the date of injury or knowledge of injury to start a claim. This is known as the statutory limitation period.

Not Your Actual Knowledge

Knowledge is not your actual knowledge, but when the law considers a reasonable man/woman would have had knowledge.

Interpretation of when it was reasonable to have knowledge can differ based on both the type of condition and your actual circumstances.

work noise hearing test
Work Noise Hearing Test

Factors affecting date of knowledge

Some factors to be taken into account, include:

  1. How long ago it was that your exposure to the excessive metal press stamping machine noise ended. The longer this time period the less likely it is you can succeed with a claim. 
  2. When your first started to experience symptoms of hearing loss.Limitation may not run from this date, but could be argued that it was reasonable to commence at this time.
  3. When you first presented with hearing problems to your GP or other medical professional. Although you may not have known the cause it could be argued that you should have realised that there was an issue. Hence limitation begins. 
  4. When you first received a diagnosis of hearing loss or tinnitus. This is the latest possible date to argue limiattion could run from. 

Tracing of former employers’ insurers

The fact that your employer in Leeds and Sheffield is no longer in business is not a problem. A good solicitor can trace the employment liability insurers that were in place at the time of your exposure. Therefore, as such a claim can be lodged with that insurance company meeting each former employer’s liability.

Compensation payment divided by time periods worked for each employer

Generally speaking, each employer has a liability for teh portion of time you worked at each employment For example – 8 years in Leeds and 12 years in Sheffield would result in 40% compensation from the Leeds employer and 60% from the Sheffield employer.

Compensation payouts for hearing loss and tinnitus

The amount of compensation you can claim depends on both the nature and degree of hearing damage. See our hearing loss / tinnitus payouts article for average compensation amounts for all manner of hearing loss and tinnitus claims.

Want to make a metal press stamping machine hearing damage claim?

We recommend you speak immediately to a specialist solicitor. Industrial deafness are complex claims that can often fall fowl of limitation – so ACT QUICKLY!!

See our free legal help options if your are considering a claim. You can call direct to a solicitor to ask a question or have your claim assessed. In addition, we offer online help.

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