Noise induced hearing loss claims

Historical perspective
The first controlled epidemiological study into the effects of occupational noise was conducted by Thomas Barr in 1886.

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A description of the medical condition
How Does the Ear Perceive Sound? The ear consists of 3 basic parts; the outer ear, the middle ear and the inner ear.

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Medical causation issues
All claims for noise induced hearing loss must be supported by a medico-legal report prepared by an ENT Surgeon or Consultant Otolaryngologist.

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Regulatory framework
In the same way, the ‘Code of Practice’ superseded the guidelines of the ‘Noise & The Worker’ Booklet, the formal ratification and subsequent issue of the ‘Noise at Work Regulations, 1989’, effectively replaced the ’72 Code.

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Noise at work regulations
The ‘Noise at Work Regulations, 1989’ were laid before Parliament in October 1989, taking effect from 1 January 1990.

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Date of knowledge
Justice Mustill in the case of thompson –v- smith’s ship repairers (1984), queen’s bench division.

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Breach of duty
The so called conventional position for occupational noise exposure prior to 1 January 1990 is that a claimant must establish that he was exposed to levels of noise at or in excess of 90dB(A) leq time weighted over an 8 hour day.

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Limitation
The reader is referred in the first instance to the general section on limitation which touches in general terms upon limitation issues involving noise induced hearing loss claims.

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Quantum
The assessment of general damages for noise induced hearing loss cases.

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Apportionment and contributions
Deafness is generally recognised to be a divisible disease/condition and the principals laid down in the Court of Appeal’s decision in holtby -v- brigham & cowan limited will ordinarily apply.

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