Leading Sheffield law firm Wake Smith & Tofields has warned that a judgment announced today by the Supreme Court may lead to reduced access to justice for many who suffer preventable injuries at work. The comments were made in response to the reversal of a decision by the Supreme Court in connection to the landmark case of Stephanie Baker, who in 2009, made legal history after a ruling at the Court of Appeal agreed her employer, knitting company Quantum Clothing Group, should have done more to protect her hearing.
Stephanie Baker, 51, was awarded £3,500 compensation by the Court of Appeal when her solicitors Wake Smith & Tofields successfully argued that the average employer should have known that noise levels of 85 decibels was not safe and should have provided hearing protection to workers after 1978.
The Supreme Court has now reversed this decision in what many believe will be seen as a good day for the Insurance industry.
Terry Regan, Head of Personal Injury and Medical Negligence at Wake Smith & Tofields said, "This is a surprising decision from the highest court and I am sorry for Ms Baker that she has not ultimately been successful in her brave fight to prove that her employers could have done more to prevent hearing damage. Five Justices heard the evidence in this case and in a Judgment handed down today 2 found in favour of Ms Baker and 3 against. In fact out of the 9 judges who heard Ms Baker's case throughout this process, 5 senior judges actually agreed with her (3 judges in the Court of Appeal agreed unanimously).
"This decision comes against a background of the Government announcing that claims for injuries at work are straightforward, can be pursued at low cost and with proposals that the injured claimant should pay towards the legal costs. Ms Baker's case, with the wide range of views from the country's leading judges, demonstrates how difficult these cases can be for both sides to assess. The Supreme Court on first sight has closed the door on a significant number of workers who have been injured at work. However, no worker who suffers a preventable injury should be deterred from the opportunity to pursue their case. The key is to get advice from experienced solicitors who can help to advise on the particulars of your case."
Martin Harvey, partner at Wake Smith & Tofields added: "We would also ask the Government not to add to the difficulties thrown up by Ms Baker's case and to level the playing field to allow workers the opportunity to pursue meritorious cases in the future."
Anyone requiring legal advice regarding a potential claim regarding injuries sustained at work or otherwise, should call David Brown on 0114 266 6660 or email [email protected]
