Claim No. [insert number]

In the County Court at [insert location]

Between

1. [Insert claimant name]        Claimants

1. and

1. [Insert defendant name]        Defendant

_____________________________________________________________________________

PARTICULARS OF CLAIM

_____________________________________________________________________________

1. 1. 1

      This is a claim for damages for noise-induced hearing loss.

   1. 2

      The Defendant employed the Claimant as a [insert job title] from [date] to [date].

   1. 3

      In the course of his employment with the Defendants the Claimant was persistently exposed to dangerously high levels of noise in the high 90s dB(A) LEP,d, in the following circumstances:

      1. (a)

         The Claimant worked on big building projects, such as hotels and bus stations.

      1. (b)

         He used power tool such as drills, electric planers and circular saws, on a daily basis. He used drills for at least [insert number] hours a day, and circular saws for [insert number] hours a day.

      1. (c)

         He used the drills to drill into concrete and steel. Two cement mixers were in constant operation.

      1. (d)

         While he was at work, other trades were also at work around him. They too generated noise.

      1. (e)

         No hearing protection was provided and no warning was ever given of the dangers of exposure to loud noise.

   1. 4

      At all material times, any reasonable employer should have been aware that—

      1. (a)

         In 1963 the International Labour Office’s publication “Noise and the Worker”; and

      1. (b)

         In 1972 the “Code of Practice for Reducing the Exposure of Employed Persons to Noise”

      highlighted the importance of reducing noise exposure at work and the