£43,000 Recovered for Acoustic Shock Injury

Aston Knight Solicitors have recovered over £43,000 for a call centre worker who suffered a relatively rare workplace injury known as Acoustic Shock.

Ms B was taking a call from a customer when she was suddenly exposed to an extremely loud noise through her telephone headset. Although she removed the headset as quickly as possible, she unfortunately suffered the effects of the shock, including ear pain, ringing (tinnitus), and psychological trauma.

Despite the call centre – and Ms B in particular – having experienced previous, albeit lesser, Acoustic Shock incidents, no investigations were carried out and no workplace modifications were implemented.

Aston Knight Solicitors accepted instructions and commenced a claim against the call centre operators. Liability was initially denied, with the Defendant’s solicitors arguing that standard headsets were used, featuring noise-exposure limiting software designed to prevent sound levels exceeding those scientifically recognised as harmful to human hearing. They therefore asserted that no hearing damage could have occurred.

This argument, however, represented a misunderstanding of both the law and the medical science underpinning Acoustic Shock. Unlike noise-induced hearing loss, Acoustic Shock does not depend on prolonged exposure to excessive noise levels. Instead, it results from a sudden, unexpected sound and the body’s startle response.

In the Court of Appeal case Story v British Telecommunications PLC, the Court confirmed that victims of Acoustic Shock are not required to prove exposure to a specific noise level, unlike claims for noise-induced hearing loss.

Proceeding on this basis, Aston Knight Solicitors continued with the claim. Following a formal threat of a court application due to the Defendant’s failure to provide further requested evidence, liability was ultimately admitted.

Specialist medical evidence was then obtained, including reports from a Consultant ENT Surgeon with a particular specialism in Acoustic Shock and a Clinical Psychologist.

The ENT Surgeon concluded that Ms B would likely be left with permanent tinnitus, affecting both her work and home life, though improvement was possible with appropriate treatment. Psychological intervention was also recommended due to the nature of Acoustic Shock injuries.

The psychologist diagnosed Ms B with an Adjustment Disorder, which was considered treatable.

In light of this expert evidence, the Defendant sought to settle the claim, initially offering £28,000. Following a brief period of negotiation, a settlement in excess of £43,000 was agreed, which Ms B was delighted to accept.

Comment from Solicitor James Winterbottom

“Many lawyers unfortunately fail to take the time to properly understand Acoustic Shock, which has regrettably led to many firms refusing to take on such cases. A common misconception is that a claimant must establish exposure to a specific noise level, but this is incorrect.

While certain volume levels can indeed damage hearing and cause tinnitus, Acoustic Shock is centred on the startle response – or neuromodulation, in medical terms – and involves far more than simply measuring decibel levels.

Psychological factors are often key, and individuals with a history of mental illness may be more susceptible. Tinnitus is a common ongoing symptom and, where it persists beyond two years, it is generally considered permanent. That said, tinnitus therapies, including masking devices, are available.”

Comment from Managing Director Ayoub Khan

“This case once again demonstrates the importance of being represented by a senior solicitor within a specialist litigation firm. A thorough understanding of the injury – in this case, Acoustic Shock – and the correct selection of expert witnesses has resulted in a substantial settlement in circumstances where many other firms may have declined the case or discontinued it following an initial denial of liability.

While much of the personal injury and clinical negligence market is moving towards a commoditised model, often relying on junior lawyers handling high caseloads with limited supervision, Aston Knight Solicitors are proud to take a different approach. Every case benefits from the close involvement of a senior specialist solicitor with a proven track record of success.”

If you believe your employer has failed to protect you at work, we offer a free, confidential, and no-obligation consultation – please feel free to telephone 0800 999 6661 or email us at info@astonknightsolicitors.co.uk.

Back to Recent Successes