Judge throws out factory worker’s claim of hearing loss after finding it was ‘fundamentally dishonest’ in a move that could pave the way for a fight back from insurance firms
- Factory worker said bosses at his firm were responsible for his hearing loss because he claimed they did not give him adequate protection
- Now will be fined for bringing a ‘fundamentally dishonest’ claim to court
- If he had been successful he would have been awarded around £10,000
- Industrial deafness claims in UK increased by 200% from 2011 to 2014
The growing market for hearing loss compensation has been dealt a blow after a judge said a factory worker’s claim was ‘fundamentally dishonest’ and threw out the case in a landmark ruling.
Judge Gregory also ordered the man, who was employed by Coventry-based Diamanttek Limited as a diamond driller and a plant operator between 2003 and 2013, to pay costs following the ruling.
Jonathon James, who is in his mid-fifties, had claimed that Diamanttek Limited was responsible for his noise-induced hearing loss.
But the court heard while Diamanttek Limited did not deny that the claimant worked in a noisy environment, they disputed the issue of hearing protection provision and enforcement.
James had claimed the use of Personal Protective Equipment (PPE) was not enforced prior to 2013 and that until then he had not been given any training on the correct use of hearing protection.
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