David P's story
“Thanks to the support of Unite Legal Services I have now received fair compensation and I look forward to moving on with my life.”
David made a claim for compensation after suffering noise-induced hearing loss as a result of being exposed to noise while working at Rosyth Dockyard as an electrical fitter from 1973 until 2014. Due to the fault and negligence of David’s employers, he was subjected to negligent levels of noise throughout his employment in terms of the Control of Noise at Work Regulations 2005.
David, through Unite Legal Services, was contacted by a specialist personal injury solicitor to discuss his case. David’s medical records were recovered and an expert report was obtained from Mr Kenneth MacKenzie, an ear, nose and throat consultant. This report assisted David’s case by setting out the injuries which he sustained purely as a result of the negligent exposure to noise. The medical report confirmed that David had suffered moderate hearing loss and tinnitus as a result of his exposure to noise.
The report was exhibited to the insurance company acting on behalf of David’s employers but settlement proposals were not forthcoming. Court proceedings were therefore raised in the All Scotland Personal Injury Court on David’s behalf.
Following the court proceedings being raised, further evidence was sought from Mr Dick Bowdler, Acoustic Consultant who confirmed that the levels of noise that David had been exposed to throughout the years was of a negligent level. This report was lodged in the court process.
An offer was made in David’s case in the sum of £10,000. This offer was discussed with David and it was rejected. A further offer of £13,500 was put forward in full and final settlement. This offer was accepted by David. As this case was funded by Unite Legal Services, David retained 100% of his compensation.
Through Unite Legal Services, David was able to access proper legal advice from a specialist solicitor ensuring that he was provided with the best advice on how to proceed with his case.
David said: “Thank you to Unite Legal Services for all of their help. I simply would not have been able to do this without them.”
*Names may have been changed to protect the identity of our member