Complicated Rail Noise Claim
A Finch expert was instructed in a claim for hearing damage resulting from work on maintenance of rail lines.
What made this case complicated was that the Claimant, as well as exposed to noise from a variety of tools and machinery such as jackhammers, disc cutters, impact wrenches and drills was also exposed to the noise from trains passing on lines next to where he was working.
It was necessary to calculate not only the Claimant’s exposure to the tools he and his colleagues were using, but to use the Calculation of Railway Noise (The Department of Transport, 1995) to calculate the noise from the various types of passing trains and then combine the sources of noise. The Claimant’s and the Defendant’s evidence differed and, hence, so did the respective noise exposures.