A viola player who suffered a life-changing hearing injury during rehearsals of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).
The case, won by the musician Christopher Goldscheider, has huge implications for the music industry and the health and safety of musicians. It is also the first time that “acoustic shock” has been recognised as a condition which can be compensated by the courts.
Types of Hearing Loss:
There are 2 types of Noise Induced Hearing Loss (NIHL), namely, gradually developing hearing loss and acute acoustic trauma (acoustic shock).
The first refers to permanent cochlear damage from repeated exposure to loud sounds over a period of time. This type of NIHL has been the subject of a huge amount of litigation over the last several years.
The second, acoustic shock, is usually brought on from a one-time exposure to excessive noise. Acoustic shock is a problem commonly experienced by headphone wearers who are subject to short, high frequency tones and high intensity blasts of sound and also musicians.
The ear can be exposed to short periods of sounds in excess of 120 decibels without permanent harm, albeit with discomfort and pain. Long term exposure to sound levels over 80 decibels can cause permanent hearing loss.
Background:
In this case Mr Goldscheider who was a leading violinist with the ROH was seated directly in front of the 18 strong brass section of the orchestra. During the rehearsal the noise levels exceeded 130 decibels which is roughly equivalent to the noise of a jet engine. He suffered acoustic shock and his hearing was irreversibly damaged. Acoustic shock essentially causes the brain to amplify every day sounds causing pain, tinnitus and dizziness. Mr Goldscheider is unable to perform day to day household tasks, such as preparing food, without wearing ear defenders. He is unable to listen to music and is no longer able to play professionally. The damages are yet to be assessed but he is claiming more than £1 million including £750,000 in lost earnings.
The Law:
The Control of Noise at Work Regulations 2005 set out what employers must do to protect the hearing of their employees. These duties include undertaking effective risk assessments to identify noise levels at work, where those levels exceed 80 decibels to reduce noise at its source, provide suitable hearing protection (as a last resort) and ensure that employees understand and are properly trained about noise risk and the need to wear protection properly. Mr Goldscheider was exposed to levels of noise far in excess of 80 decibels and was not provided with adequate hearing protection.
- Recent studies have indicated that professional musicians are four times more likely to develop NIHL than non-musicians, with one study suggesting that they are 57% more likely to develop tinnitus. This indicates that there may be a large number of potential claimants.
- It is perhaps surprising that similar claims to that of Mr Goldscheider have not been brought before the courts to date, the focus having been historically on the manufacturing sectors. This is probably because there has been no legal precedent to rely on. Mr Goldscheider’s case now provides that precedent.
- The consequence of this ruling will have an effect on the entire live music industry, and on pubs and nightclubs which play amplified music. This decision is likely to lead to a significant increase in claims being made against orchestras and other organisations by employees who have suffered acoustic shock.
If you are a professional musician or work in the music industry you have a right to be protected against hearing damage. If you are not properly protected and suffer hearing loss as a result you may well be entitled to claim for damages against your employer. Taylor&Emmet have many years of experience in pursuing hearing loss cases and will be able to advise you.
If you or someone you know has suffered deafness during the course of their employment please do not hesitate to contact us on 0114 218 4000 or email info@tayloremmet.co.uk.
0 Comments