DaveNewcastle
Established Member
There has been a lot of activity recently in bringing forward claims against employers for hearing loss attributable to noise in the workplace.
A judgement in the Court of Appeal yesterday, concerning a Railway employee at Crewe locomotive works for 35 years, may establish an important limit to the extent of these retrospective claims.
Howard Platt was allowed to proceed with his Appeal against a Court's decision last year that his claim should be disallowed due to his not attributing his hearing loss to his employment until becoming aware from the press that such a retrospective claim might succeed. But although his Appeal was allowed to proceed, the 3 Lords were unanimous in determining that Mr Platt had taken several opportunities to discuss his hearing loss both at work and elsewhere, and yet never attributed it to his work.
The judgement can be read here : http://www.bailii.org/ew/cases/EWCA/Civ/2014/1401.html
Assessment and commentary in the Insurance press can be read here : http://www.insurancetimes.co.uk/court-of-appeal-throws-out-industrial-deafness-claim-by-railway-worker/1410581.article
Perhaps some of the more wildly speculative claims against employers long after employment might be deterred following this decision
A judgement in the Court of Appeal yesterday, concerning a Railway employee at Crewe locomotive works for 35 years, may establish an important limit to the extent of these retrospective claims.
Howard Platt was allowed to proceed with his Appeal against a Court's decision last year that his claim should be disallowed due to his not attributing his hearing loss to his employment until becoming aware from the press that such a retrospective claim might succeed. But although his Appeal was allowed to proceed, the 3 Lords were unanimous in determining that Mr Platt had taken several opportunities to discuss his hearing loss both at work and elsewhere, and yet never attributed it to his work.
The judgement can be read here : http://www.bailii.org/ew/cases/EWCA/Civ/2014/1401.html
Assessment and commentary in the Insurance press can be read here : http://www.insurancetimes.co.uk/court-of-appeal-throws-out-industrial-deafness-claim-by-railway-worker/1410581.article
Perhaps some of the more wildly speculative claims against employers long after employment might be deterred following this decision
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