Thinking of bringing a case against former company

Biodegradable · 28-11-2019 9:21pm #1

I have tinnitus and an event that happened in a factory where I worked seems to have made my condition worse. I started work there back in August, and one day myself and another new worker were brought into a very loud area of the factory when being shown the ropes. I remember looking out for a sign on the way in that said "danger, loud noise", or something like that. But there wasn't any such sign. I also didn't see any ear plugs on the way in, and I found this strange as I'd worked in a factory before.

I remember thinking I should ask the supervisor (who was bringing us in), for ear protection. I didn't and it was a very weak moment on my part. But on hindsight, it was extremely irresponsible of her not to present us with ear protection on our first time being in such an area. When we were inside this area we could just about hear each other when we shouted. So it would have been quite a bit louder than a night club. After about 3 minutes I asked the supervisor how many decibels it was in there. She didn't know. I then asked if we were going to be in there much longer, and she said that we were. So we went back out to the entry area and found some ear muffs. The ear muffs were in a room that was off the entry room, so there was no way that I could have known where they were even if I'd went looking myself.

I'd have to wonder if the same lady was bringing a health and safety inspector in there, would she not have thought of this either! I was told a few days later by this factory's site health and safety guy, that it was 89 decibels in that area of the factory. But I don't think I believe that having looked up indications of loudness. Part of the reason I had a bad feeling at the time was that it would've been noise of a very high frequency, and these sounds are apparently is more dangerous.

I straight away resented the fact that this supervisor did not give us ear protection. I also felt that it would be too good to be true that I could make the mistake I did, and get away with it. I didn't notice anything until, 11 days later, when I woke up one night with a new noise in my ears. This noise sounded similar to the noise in that part of the factory. Since then my tinnitus has definitely stabilised at a perceived louder volume than before the incident. I'm sure of this because it was terrible getting to sleep for about a fortnight after I first noticed it... until I sort of have got used to the new loudness of my tinnitus. I've also upped the volume of the background noise that I play while I sleep. I've tied to lie to myself for long enough that my worsened tinnitus isn't as a result of this occurrence.

What can I do? The company is well known for its poor health and safety. A man recently lost the tip of his finger a that factory. What are my options?

Batgurl · 30-11-2019 4:23pm

If you are suggesting taking some form of case against them, you’d need to prove liability of their part and negligence on their part. And that it (and it alone) aggravated your pre-existing condition.

If you are not looking to take a case, I recommend seeing a doctor for your tinnitus and you could let them company know they should look at ear protection for the factory floor.

Wesser · 30-11-2019 6:53pm

symptoms 11 days after only 3 minutes of noise exposure. doesnt add up for me. not sure your increase in symptoms are related to 3 mins of exposure 11 days before.

Biodegradable · 30-11-2019 9:50pm

Batgurl wrote: »

If you are not looking to take a case, I recommend seeing a doctor for your tinnitus and you could let them company know they should look at ear protection for the factory floor.

If I were to visit the doctor, he/she would tell me that there's nothing I can do about it... as I've been told by doctors many times before. There is no treatment for tinnitus, and there is very little understood about it.

The company is well aware that they are far behind the expected standard when it comes to health and safety. It's not that they don't know. In fact the site H&S guy made a few jokes about it.

Biodegradable · 30-11-2019 9:54pm

Wesser wrote: »

symptoms 11 days after only 3 minutes of noise exposure. doesnt add up for me. not sure your increase in symptoms are related to 3 mins of exposure 11 days before.

It was actually kind of strange, in that when I first got tinnitus (three years ago after a car accident), it was roughly the same amount of time (11/12 days) after the incident that it took my tinnitus to take form... after I'd got bang to that side of my head that the tinnitus started in (right ear).

01-12-2019 8:30am

You've already gotten a payout for your preexisting tinnitus suffered from the car accident (unless you caused the accident where there would have been no payout).

Can you claim for additional loss due to a 3 minute exposure to loud noise. Yes.

Will you be successful? Nobody can say for sure.

Go to a solicitor and see what they say.

Ash.J.Williams · 01-12-2019 8:36am

As odd as it would be suing for tinnitus for such limited exposure to the noise, in this day and age it’s a serious offense NOT to have protection in those areas.

1984baby · 01-12-2019 9:15am

did you tell your employers that you have tinnitus??

Wesser · 01-12-2019 11:53am

Biodegradable wrote: »

It was actually kind of strange, in that when I first got tinnitus (three years ago after a car accident), it was roughly the same amount of time (11/12 days) after the incident that it took my tinnitus to take form... after I'd got bang to that side of my head that the tinnitus started in (right ear).

strange, yes. very strange indeed.

Stheno · 01-12-2019 11:56am

Biodegradable wrote: »

I have tinnitus and an event that happened in a factory where I worked seems to have made my condition worse. I started work there back in August, and one day myself and another new worker were brought into a very loud area of the factory when being shown the ropes. I remember looking out for a sign on the way in that said "danger, loud noise", or something like that. But there wasn't any such sign. I also didn't see any ear plugs on the way in, and I found this strange as I'd worked in a factory before.

I remember thinking I should ask the supervisor (who was bringing us in), for ear protection. I didn't and it was a very weak moment on my part. But on hindsight, it was extremely irresponsible of her not to present us with ear protection on our first time being in such an area. When we were inside this area we could just about hear each other when we shouted. So it would have been quite a bit louder than a night club. After about 3 minutes I asked the supervisor how many decibels it was in there. She didn't know. I then asked if we were going to be in there much longer, and she said that we were. So we went back out to the entry area and found some ear muffs. The ear muffs were in a room that was off the entry room, so there was no way that I could have known where they were even if I'd went looking myself.

I'd have to wonder if the same lady was bringing a health and safety inspector in there, would she not have thought of this either! I was told a few days later by this factory's site health and safety guy, that it was 89 decibels in that area of the factory. But I don't think I believe that having looked up indications of loudness. Part of the reason I had a bad feeling at the time was that it would've been noise of a very high frequency, and these sounds are apparently is more dangerous.

I straight away resented the fact that this supervisor did not give us ear protection. I also felt that it would be too good to be true that I could make the mistake I did, and get away with it. I didn't notice anything until, 11 days later, when I woke up one night with a new noise in my ears. This noise sounded similar to the noise in that part of the factory. Since then my tinnitus has definitely stabilised at a perceived louder volume than before the incident. I'm sure of this because it was terrible getting to sleep for about a fortnight after I first noticed it... until I sort of have got used to the new loudness of my tinnitus. I've also upped the volume of the background noise that I play while I sleep. I've tied to lie to myself for long enough that my worsened tinnitus isn't as a result of this occurrence.

What can I do? The company is well known for its poor health and safety. A man recently lost the tip of his finger a that factory. What are my options?

Haven't you posted about this before?

Curious1002 · 01-12-2019 1:43pm

Try to schedule an appointment with FLAC solicitors and describe the incident and what you are looking for. They will tell you what are the chances and how far you can go.

To your advantage:
- the incident occurred
- supervisor did not protect its Staff
- no warning signs
- no clear instruction from the supervisor of the work, length of time, decibels
- looking for ear plugs on your own
- a witness/colleague who can confirm the event
- your report of the pre-existing conditions to your Employer, yet ignored.

To your disadvantage:
- pre-existing condition
- no email/letter sent to your supervisor expressing that it was unacceptable to put you in such area with no protection while they knew about your condition
- no immediate doctor's visit and reporting the problem
- the limited or inaccurate decibel reading after the fact
- if there was a similar case before and a payout, they may think you try to get two bites of the same apple

Ps. If you want to do not want to act on this, go to the same area and take pictures of all the signs/doors, etc. If you want to act on the complain that there were no warnings then take pictures confirming this fact. Otherwise they will hang the signs later and claim there were there all the time.

Also, think about the realistic consequences of your action. As much as your claim is honest and fair in your eyes, you will become a "persona non grata" at work and they will find the way to push you off the factory - e.g. they will say you are late frequently, you take longer breaks, your work performance deteriorated, they will find a witness that will say you did something against the rules, etc.

Maybe just send an email/letter to the supervisor saying that you recently were struggling with a deteriorating ear condition and you feel that it's a result of that particular event. Tell her/him that you saw a doctor and you feel that you are going to be okay as you got a professional treatment now but that you would hope that in the future the employees are more protected and that ear plugs are given before entering the dangerously loud area. Finish by saying that you wish to put the incident behind and that you would like to continue working in the factory in a nice and safe environment. ...or something like that.

If in the future they continue causing problems, you will have a clear evidence of the previous incident and your good intentions.

Good luck.

01-12-2019 1:57pm

Curious1002 wrote: »

Also, think about the realistic consequences of your action. As much as your claim is honest and fair in your eyes, you will become a "persona non grata" at work and they will find the way to push you off the factory - e.g. they will say you are late frequently, you take longer breaks, your work performance deteriorated, they will find a witness that will say you did something against the rules, etc.

Maybe just send an email/letter to the supervisor saying that you recently were struggling with a deteriorating ear condition and you feel that it's a result of that particular event. Tell her/him that you saw a doctor and you feel that you are going to be okay as you got a professional treatment now but that you would hope that in the future the employees are more protected and that ear plugs are given before entering the dangerously loud area. Finish by saying that you wish to put the incident behind and that you would like to continue working in the factory in a nice and safe environment. ...or something like that.

If in the future they continue causing problems, you will have a clear evidence of the previous incident and your good intentions.

Good luck.

Read the thread title again.

Curious1002 · 01-12-2019 2:04pm

Deleted User wrote: »

Read the thread title again.

A former employer.... Oops, my bad! I got confused reading the long story.

My intentions were good tho.

Johnny Sausage · 02-12-2019 11:38am

havent you a rake of threads on being fired?

give over looking to join the compo culture gravy train

02-12-2019 11:55am

Johnny Sausage wrote: »

havent you a rake of threads on being fired?

give over looking to join the compo culture gravy train

But why should he, when the vast majority of the judiciary still seem quite happy to continuing functioning as ATMs for plaintiffs?

Markcheese · 02-12-2019 1:47pm

Would it go against your case that you already know about tinnitus, (probably a lot more than the person giving you the tour), as well as having a preexisting condition,
But if the company weren't up to scratch on safety regs give the HSA a call,

Biodegradable · 03-12-2019 2:19pm

1984baby wrote: »

did you tell your employers that you have tinnitus??

I remember when it came to some form that I filled up about medical conditions, there was a box about hearing issues or something. I ticked 'no' as I didn't feel that anyone needed to know about it. In any case it has been documented that I have tinnitus. Even if I did tick 'yes', I don't think anything different would have happened on that day.

Biodegradable · 03-12-2019 2:31pm

Curious1002 wrote: »

A former employer.... Oops, my bad! I got confused reading the long story.

So they'll always be able to change the signs in the area and say that they were that way all along.

I do have a recorded conversation between me and the site health and safety guy, where I talk about how there wasn't any ear protection, and how there was no signage.

BattleCorp · 03-12-2019 2:44pm

Biodegradable wrote: »

I remember when it came to some form that I filled up about medical conditions, there was a box about hearing issues or something. I ticked 'no' as I didn't feel that anyone needed to know about it. In any case it has been documented that I have tinnitus. Even if I did tick 'yes', I don't think anything different would have happened on that day.

So, not to beat about the bush..........you absolutely 100% lied on your application/medical form.

Biodegradable · 03-12-2019 2:53pm

BattleCorp wrote: »

So, not to beat about the bush..........you absolutely 100% lied on your application/medical form.

Do you think they even still have that form?

03-12-2019 3:05pm

Biodegradable wrote: »

Do you think they even still have that form?

I can’t imagine given the issues you had, that any employer would be throwing away your application form/Med form/contract.

03-12-2019 3:33pm

Biodegradable wrote: »

Do you think they even still have that form?

Why do you think they get employees to fill out such forms?

BattleCorp · 04-12-2019 11:56am

Biodegradable wrote: »

Do you think they even still have that form?

I'd be surprised if they don't still have it.

Thinking of bringing a case against former company

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