Industrial deafness claims

Nicky321

My dad received a phone call a couple of weeks or so ago from Central Claims Group saying he may have a case for "Industrial Deafness". He went along for the hearing test and was told his hearing was 26% down. Today he has received a letter from SINTONS Solicitors saying they are acting on behalf of Central Claims Group. I did not know much about this until the beginning of this week, and just wondered if anyone else has had anything similiar, or is it a scam? I have searched on the MSE forum and found one post but no replies.
Grateful for any information.

Helen_J_3

I've heard of these group claims. My mum's boyfriend has also had an industrial deafness claim which was successful.

My only concern would be did your Dad actually agree to having his claim pursued? You say he went along for the test but did he agree they could go ahead?

I've definitely heard of these sorts of group claims, it's an easy way for solicitors to get lots of business for easy work (i.e. they all involve the same claim!)

Alternatively you could ring the solicitors on behalf of your dad (or ask him to ring them) to get some more information about it?

Nicky321

Helen_J wrote: »

I've heard of these group claims. My mum's boyfriend has also had an industrial deafness claim which was successful.

My only concern would be did your Dad actually agree to having his claim pursued? You say he went along for the test but did he agree they could go ahead?

I've definitely heard of these sorts of group claims, it's an easy way for solicitors to get lots of business for easy work (i.e. they all involve the same claim!)

Alternatively you could ring the solicitors on behalf of your dad (or ask him to ring them) to get some more information about it?

He has signed something, and has received a letter back about a Conditional Fee Agreement from Sinton's and 2 copies of which I assume one will need signing and returning.

AGREEMENT DATE XX/XX/11 BETWEEN SINTONS LLP AND MR XXX XXXXXXX
What is covered by the agreement. Your claim against xxxx or any other defendent we subsequently identify for damages for personal injury suffered on or about ...including all work undertaken from when we where first instructed by you.

Any appeal by your opponent
Any proceeding to enforce your compensation award if you win, but your opponent does not pay.
Any appeal you make against an interim order during the proceedings.
Any pre action application.
Negotiations about and or a court assessment of the costs of this claim.

What is not covered by this agreement
Any counter claim against you
Any appeal you make against the final judgement or order.

The agreement
Our basic charges for the legal work we do are set out in section 3 of term and conditions attached.

I do not have the paperwork to hand, my dad is Physically disabled and mum signs all paperwork on his behalf as she has authority to do so. Although when they asked him to read & sign, he hadn't got his glasses with him and I think he felt pressured to sign (which he actually did).

I have found this link to the Central Claims Group site

mattymoo

Nicky, first of all, have you seen the print out from the hearing test. The term 26% down is meaningless because everyones hearing degrades as we get older. The print out should have a graph showing frequency against decibel level. The graph records the noise level at which certain frequencies can be heard.

If the graph shows a downward slope - indicating that a higher volume is needed to hear the higher frequencies, this is age related.
If it shows a V shaped dip this will be noise induced hearing loss. The dip is typically around the 18000hz range but don't quote me on that.

if it is NIHL then the solicitor will seek to claim this was caused by his employment as opposed to say being in a rock band or clay pigeon shooting. They will want a full employment history and will then seek to pursue a claim against each employer he has had.

The employers and their insurers will then either accept they have exposed him to the noise and not taken steps to control it, or seek to defend the claim, for instance if he worked in a library or was issued with suitable protective equipment and they can prove this. The employers will also seek to apportion the cost between them according to length of service. Usually the firm with the longest services takes over the matter and seeks contributions from the rest.

These types of claims are dealt with day in day out in the UK. They found your father through a bit of a fishing exercise which many people detest but if he has a NIHL then he is generally entitled to compensation.

Nicky321

mattymoo, thanks for the reply, my dad has not seen a copy of his test, but said the examiner said it was 26% down for his age. He worked in extremely noisy manufacturing enviroments for all his working life. Is it worth him contacting Central Claims Group and asking them for a copy of his hearing test?

curlywhirly3

My Dad has the same terms and conditions, he has not yet gone for a hearing test. However the claim is for tinnitus not industrial deafness! Is it all a scam? He is afraid that he will be stuck with a huge bill. Yet working in a steal works for 35 has damaged his hearing.

Also I have phoned the solicitors for him. ( Wixted & Co Solicitors) yet no reply every time we ring.

If anyone can help, i would be very greatful.

no-oneknowsme

OP , my Dad has just won a lengthy battle for industrial deafness against a former employer . He worked for this employer for 20 odd years.

The case took around 6 years to fight and in the end my Dad was called to court . The employers solicitor approached my Dad in the court just as the case was about to begin and made him an offer of £1k which my Dad refused , he was then approached again with a very substantial offer of compensation which he agreed to accept.

If your Dad feels he has a case then it would be worth him going to see a solocitor of HIS choice to discuss the case. The solicitor should be able to advise him on the matter.

My Dad was many times threatened with costs by the ex employer but he stood his ground!

orangelemon

This company was just featured on Panorama for Cold Calling and then passing information on to Lawyers, steer clear of all companies selling via phone there is no exceptions.