Railway Worker Wins Hearing Loss Damages

A former railway worker from Swindon who suffers from work-related hearing loss has won compensation from his former employer.

Denis Mackie worked as a boiler maker for British Rail between 1967 and 1978. During that time he was exposed to high levels of noise, in particular while using rivet guns. Although the risks associated with work-related noise have been known since the 1950s, Mr Mackie was never provided with ear protection. It was only recently, when he visited Swindon’s Great Western Hospital, that he discovered that exposure to noise in the workplace was the cause of his hearing loss.

Mr Mackie brought a claim against British Rail, arguing that it bore responsibility because it failed to provide him with adequate protection. British Rail claimed that, as Mr Mackie had suffered from industrial deafness for several years, his claim was ‘out of time’, but this argument was rejected by the court as he had only recently discovered the cause of his deafness. He won an undisclosed amount in compensation.

It is thought that there could be many potential claims from people who have worked in heavy industry who may have attributed their hearing loss to ageing. A simple test can reveal the cause of hearing loss.