Case histories

£35,000 compensation for bottling plant worker who suffered hearing loss and tinnitus


Our Unite Scotland member client was employed for many years within a bottling plant where hearing protection only became enforced later than it should have been, in breach of the relevant regulations. The member suffered some hearing loss and tinnitus as a result. A court action had to be raised on his behalf, but after a few months his employer admitted liability. After extensive negotiations, we settled the claim for £35,000. 

In achieving such a high settlement, we were able to rely on a new chapter within The Judicial College Guidelines, which allows extra compensation to be awarded where the need for hearing aids has been caused by work-related hearing loss. This is in addition to the cost of the hearing aids themselves, which can also be claimed (which we did for the member).

£225,000 damages negotiated for Unite Scotland member kicked by cattle

While organising cattle into a pen, our Unite Scotland member client was kicked by an agitated cow. He sustained a serious triple ankle fracture and was rendered unfit for work for a time.

The employer’s insurers admitted liability for the accident. We obtained extensive expert evidence to prove the member's losses, including reports from a consultant orthopaedic surgeon, a vocational consultant and an actuary. Negotiations commenced and an offer of £190,000 was made.

The member was pleased with that sum but was persuaded to allow further discussions to take place as we were optimistic that we could secure more. We were delighted to achieve a final settlement of £225,000.

Aircraft mechanic awarded £16,500 damages for occupational hearing loss and noise-induced tinnitus

A Unite Scotland member employed as an aircraft mechanic by an airline at a Scottish airport was diagnosed with occupational hearing loss and noise-induced tinnitus due to excessive exposure to noise during his employment.

The member was exposed to aircraft engine noise as well as the noise of his own and his co-workers’ tools, including rivet guns, hammers, drills, sanders and heavy impact guns. He was exposed to noise levels of up to 115 decibels for at least several hours a day, sufficient to damage his hearing.

As well as struggling to follow conversations, he developed severe tinnitus, which significantly disturbed his sleep and had an adverse effect on his quality of life. 

As the airline refused to settle the claim, we raised a court action. With liability and causation in dispute, we instructed a noise expert called an acoustician, who deemed the noise levels to be negligent, as well as a medical expert, who assessed that the noise exposure was responsible for the onset of tinnitus.

An initial offer of £8,000 was rejected, and we pressed on with proceedings. A second offer of £12,325 was advanced, which again we rejected. Following further negotiations, the case ultimately settled for £16,500, more than double the initial proposal.

Joiner received £60,000 compensation for hand injury at work

A joiner and member of Unite Scotland who was employed by a housing association suffered a serious hand injury at work when he was provided with an inadequately guarded cutting instrument. Although off work for some time, he was paid in full. He returned to less onerous duties but on the same rate of pay.

As his employer’s insurers failed to respond quickly enough to the claim, we raised a court action in the National Specialist Personal Injury Court. Liability was admitted, with an offer of £45,000 compensation.

We advised the member to reject it because we were concerned that he should be appropriately compensated for the ongoing effect on his ability to carry out heavy manual work. We sought the advice of a consultant orthopaedic surgeon, which proved extremely useful as he explained to us more about the precise mechanism of the injury and the cause of any ongoing weakness. We felt we then had good ammunition to have a further round of negotiation with the employer’s insurers.

They made a slightly increased offer, which we again rejected. They then proposed settlement at £60,000, which we were very happy to recommend be accepted.