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News Desk | News Story
19th June 2007
UK Coal Ltd is to pay £4,500 in damages to a man from County Durham who suffered noise induced hearing loss (NIHL) during a period of exposure with the firm RJB Mining – a company which UK Coal Ltd later took over. Leading trade union GMB secured the compensation for member David Burns, aged 49, of Crook, County Durham. Mr Burns brought his claim after realising that his hearing had become impaired, struggling to hear normal conversations. His claim was handled by leading personal injury specialists Thompsons Solicitors.
Mr Burns worked for RJB Mining Limited from 1984. In 1986 he started to work in the open cast mines, and in 1991 he worked with the drilling team for three years. The company was then taken over in 1995 by UK Coal Ltd, and he was made redundant in September 2005.
He explains: “The noise was often excessive; you couldn’t hear yourself think. Normally on a morning we were provided with sponge type ear protection. However, when you were out with the gangs these were not always available. I got used to the noise but I never realised the lasting and damaging effect that it would have on my hearing.”
In April 2003 he attended for a routine health check when he was advised that his hearing had deteriorated and that he had high blood pressure.
Tom Brennan, Regional Secretary, GMB, comments: “We are very pleased with the outcome of David Burns’ case because noise is still one of the most underestimated workplace risks. We hope that other employers that continue to put their employees at risk will take note.”
Representing David Burns, Michelle Reid-Mitchell from Thompsons Solicitors in Newcastle explains: “RJB Mining should have provided David Burns with suitable equipment to protect his hearing at all times. The compensation he has secured is wholly justified given the lasting damage to his hearing caused by the ongoing exposure to noise at work.”
Less than a year ago, the RNID - the national charity representing the UK’s nine million deaf and hard of hearing people – warned employers and employees to take hearing damage more seriously in preparation for the Control of Noise at Work Regulations which came into effect on 6 April 2006. These tighter Noise at Work regulations were intended to provide improved protection for workers from one of Britain’s most serious occupational diseases.
This story was also published by workplacelaw Magazine
If you or someone you know has developed occupational deafness or any other industrial disease, telephone us now for accurate claim advice.
There are strict time limits in place to make any injury claim. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online compensation claim forms.