Ballymena has a proud industrial heritage. For generations, local people have worked in manufacturing, engineering, food processing, transport and other industries which have provided employment not only in Ballymena itself but throughout North Antrim and beyond.
Major employers including Michelin, JTI/Gallaher, Wrightbus, Moy Park and Patton Group have played an important role in the town’s economy and have provided employment for generations of local families.
That contribution is important to recognise.
For some former industrial workers, however, years spent working around machinery, production lines and other sources of noise may have had a lasting effect on their hearing.
At Lacey Solicitors, we advise on personal injury and industrial disease claims in Northern Ireland, including occupational hearing loss and tinnitus claims.
If you worked at O’Kane Poultry, Moy Park or another noisy workplace in Ballymena or County Antrim, and you are now experiencing hearing difficulties or tinnitus, you may wish to obtain legal advice about whether your employment could have contributed to your condition.
Every case is different. Working for a particular employer does not, by itself, establish that someone was exposed to harmful noise, that an employer was negligent or that any hearing loss was caused by the employment. Those issues require proper investigation and medical evidence.
Ballymena’s industrial workforce and hearing loss
Ballymena has long been associated with manufacturing and industry.
O’Kane Poultry is one example of the town’s industrial history. The business was established in Ballymena in 1932 and developed into one of Northern Ireland’s major poultry processing companies. In the 1960s, the business moved to Larne Road and developed a purpose-built poultry processing plant. By the 1970s, it was using mechanised production-line machinery. O’Kane Poultry was acquired by Moy Park in 2010 in a deal reported at approximately £26 million.
The history of businesses such as O’Kane Poultry illustrates the scale and importance of the local food-processing industry and the number of people whose working lives have been connected with it.
HSENI identifies food and drink manufacturing, manufacturing and engineering, among other industries, as workplaces where employees can potentially be exposed to harmful noise.
That does not mean that every person who worked in a Ballymena factory suffered occupational hearing loss. Working conditions can differ considerably between departments, jobs and periods of employment.
The relevant question is what the individual employee actually did, the nature and extent of their noise exposure, what precautions were in place and what the medical evidence shows.
What is occupational hearing loss?
Noise-induced hearing loss, often referred to as industrial deafness, is hearing damage associated with exposure to excessive noise.
HSENI explains that work-related hearing loss can develop gradually following regular exposure to loud noise. Damage can also occur suddenly following exposure to an extremely loud noise.
In an industrial or food-processing environment, potential sources of noise might include:
- production machinery;
- conveyor systems;
- cutting and processing equipment;
- compressors;
- refrigeration equipment;
- pneumatic tools;
- engineering machinery;
- vehicles and industrial plant; and
- other machinery operating over extended periods.
The actual noise exposure will depend upon the work being carried out.
Someone who spent years working directly beside machinery may have a very different exposure history from someone who worked in an office or another relatively quiet part of the premises.
This is why a potential hearing loss claim needs to be assessed individually.
What are the symptoms of hearing loss?
Occupational hearing loss can develop gradually as we explained our our previous article Understanding Noise Induced Hearing loss Claims. You may not immediately appreciate how much your hearing has changed.
You might notice that you:
- struggle to follow conversations in busy places;
- regularly ask people to repeat themselves;
- find telephone conversations difficult;
- have difficulty distinguishing certain words or voices;
- turn the television up louder than other people;
- struggle to hear alarms or warning sounds; or
- experience ringing, buzzing, humming or whistling in your ears.
Tinnitus can occur alongside hearing loss and can itself have a significant effect on everyday life.
You may find conversations with family members more difficult, particularly in groups or noisy environments. You may also become more reliant on lip-reading or asking people to repeat themselves.
These symptoms do not, however, establish that your hearing loss was caused by your employment.
Hearing loss can have a number of causes, including age-related hearing changes, medical conditions and exposure to noise outside work. Those factors need to be considered when medical evidence is obtained.
What are an employer’s duties regarding workplace noise?
The Control of Noise at Work Regulations (Northern Ireland) 2006 govern the management of workplace noise risks in Northern Ireland. HSENI explains that employers must assess and manage the risks associated with excessive workplace noise and take steps to reduce exposure.
The Regulations include exposure action values.
The lower exposure action value is 80 dB(A). At that level, employers must assess risks and provide appropriate information and training.
The upper exposure action value is 85 dB(A). At this level, additional requirements apply, including measures concerning hearing protection and hearing protection zones.
Where appropriate, employers must also provide health surveillance. HSENI explains that hearing checks are required in certain circumstances where employees are regularly and frequently exposed above the upper exposure action value, as well as where an individual is at greater or additional risk.
The important point is that the existence of a noisy workplace does not automatically establish negligence.
A potential claim requires consideration of whether appropriate measures were taken to protect employees and whether any breach caused or materially contributed to the individual’s hearing damage.
Could working at O’Kane Poultry have contributed to hearing loss?
Potentially, but this needs to be assessed on the evidence.
O’Kane Poultry’s history included mechanised poultry processing and production-line machinery. Food and drink manufacturing is also identified by HSENI as an industry where workers may potentially be exposed to harmful noise.
That does not establish what noise levels existed in a particular department or what an individual employee was exposed to during a particular period.
If you worked at O’Kane Poultry, we would therefore want to understand matters such as:
- what job you performed;
- which department you worked in;
- what machinery you worked with or near;
- how long you spent in noisy areas;
- how many years you were exposed to the noise;
- whether hearing protection was provided;
- whether you were given hearing tests;
- whether you raised concerns about your hearing; and
- what other noisy employment you have had.
The same approach applies to former employees of other Ballymena employers.
Can former O’Kane Poultry employees make a hearing loss claim?
Former employees can seek legal advice about potential occupational hearing loss even if they left the employment many years ago.
The fact that you no longer work for the employer does not, by itself, prevent an investigation.
In an older claim, however, evidence can be particularly important.
Useful evidence may include employment records, occupational health records, hearing tests, photographs, witness evidence and information about the machinery and working environment.
It may also be necessary to investigate the historical position of the employer and any relevant insurance arrangements.
O’Kane Poultry was acquired by Moy Park in 2010. Contemporary reporting described O’Kane as a Ballymena-based business established in 1932, employing almost 1,500 people at the time of the acquisition.
The fact that a business has changed ownership or that employment ended many years ago therefore does not mean that the legal position can simply be assumed. The history of the employment and the relevant legal and insurance position need to be investigated.
What evidence is needed for an industrial deafness claim?
A hearing loss claim generally requires evidence dealing with both the workplace exposure and the medical condition.
Employment evidence
We need to establish where you worked, when you worked there and what your job involved.
Noise exposure
The machinery, equipment, processes and working environment may all be relevant when considering the likely extent of noise exposure.
Hearing protection
It is important to establish whether hearing protection was provided, what type was provided, when it was used and whether employees were given appropriate information and training.
Hearing tests and health surveillance
If you underwent workplace hearing tests or occupational health assessments, these records may be important.
HSENI explains that health surveillance is intended to identify hearing problems at an early stage and check whether workplace noise-control measures are effective.
Medical evidence
An appropriate medical assessment can establish the nature and extent of the hearing loss and assist in considering whether the pattern of hearing loss is consistent with occupational noise exposure.
Other sources of noise
Your complete noise-exposure history is relevant.
This may include previous and subsequent employment, military service, recreational activities and other significant exposure to loud noise.
A solicitor should consider the whole history rather than simply assuming that the last noisy job caused the hearing loss.
What if I have tinnitus as well as hearing loss?
Tinnitus can form part of an occupational hearing loss claim where the medical evidence supports a connection with workplace noise.
Tinnitus is commonly described as ringing, buzzing, humming or whistling in the ears when there is no corresponding external sound.
HSENI expressly recognises that excessive workplace noise can cause hearing loss and/or tinnitus.
The significance of tinnitus will depend upon the individual circumstances and medical evidence.
What if I worked in another Ballymena factory?
You do not have to have worked at O’Kane Poultry to seek advice.
Ballymena has a substantial industrial workforce and a long history of manufacturing and engineering.
If you worked for another employer in Ballymena, North Antrim or elsewhere in Northern Ireland and were regularly exposed to significant workplace noise, the same basic questions arise.
These may include whether:
- the work involved excessive noise;
- the employer properly assessed the risks;
- appropriate steps were taken to reduce exposure;
- hearing protection was provided where required;
- appropriate training and information were given;
- hearing surveillance was required; and
- the exposure materially contributed to your hearing condition.
The identity of the employer is only one part of the investigation.
What if the employment was many years ago?
This is a common issue in occupational hearing loss cases.
People often do not realise that their hearing has deteriorated until many years after leaving a noisy workplace.
That does not mean you should assume that you have a claim. Equally, you should not assume that an old job is automatically irrelevant.
The passage of time can make evidence more difficult to obtain, particularly where businesses have changed ownership, premises have closed or employment records are no longer readily available.
It is therefore sensible to obtain legal advice at an early stage.
Is there a time limit for hearing loss claims in Northern Ireland?
Yes.
Limitation is an important issue in occupational disease claims, particularly where the relevant employment ended many years ago.
Personal injury limitation in Northern Ireland can involve a three-year period, but occupational disease cases can raise more complicated questions about when the relevant period began and when the injured person acquired the necessary knowledge.
The legislation also provides for the court to have discretion in certain circumstances concerning the ordinary limitation period.
The precise position depends upon the facts of the individual case.
For that reason, if you believe your hearing may have been affected by historic employment, you should not wait to seek advice simply because the employment ended many years ago.
Do I need to have complained about my hearing while I was working?
Not necessarily.
People respond differently to gradual hearing loss. Some may have noticed difficulties while they were working, while others may only have recognised a problem years later.
The absence of a complaint at the time does not, by itself, answer the question of whether there is a viable claim.
It is one factor that may need to be considered alongside the employment history, medical evidence and other available evidence.
What if I signed a compromise agreement when I left work?
This is something that should be investigated rather than assumed. Roisin Cassidy, Hearing Loss Solicitor sees this issue fairly often.
Some former employees may have entered into agreements with their employer when their employment ended and may be concerned that the agreement prevents them from pursuing any later claim.
The effect of an agreement will depend upon its precise wording and the circumstances in which it was entered into.
If you signed a compromise agreement or another settlement document when leaving employment, provide it to your solicitor so that its terms can be considered before any conclusion is reached about whether a claim can be pursued.
What if the company I worked for no longer exists?
A former employer ceasing to trade does not necessarily bring an occupational disease investigation to an end.
Historic insurance arrangements and the legal identity of the relevant employer may need to be investigated.
Where an employer has been acquired, restructured or ceased trading, it is particularly important not to make assumptions about who may be responsible.
At Lacey Solicitors, we can investigate the available information and advise on the position.
Speak to Roisin Cassidy about a hearing loss claim
Roisin Cassidy is the solicitor in charge of hearing loss claims at Lacey Solicitors.
With Roisin’s in 2025, our clients benefit from the experience of a solicitor who has been at the forefront of hearing loss litigation in Northern Ireland.
Hearing loss litigation can involve detailed questions concerning historic employment, workplace noise exposure, hearing protection, medical evidence, causation and limitation. Claims relating to employment many years ago can also present particular evidential challenges.
Roisin understands the issues that arise in these cases and can advise clients on the evidence required and the legal issues that need to be addressed.
If you believe you have developed hearing loss or tinnitus as a result of workplace noise, Lacey Solicitors can assess your circumstances and advise whether further investigation is appropriate.
Hearing loss claims in Ballymena – how Lacey Solicitors can help
At Lacey Solicitors, we understand the importance of Ballymena’s industrial workforce and the contribution that local employers have made to the town and the wider North Antrim community.
Our approach is to consider the individual evidence rather than assume that working for a particular employer establishes a claim.
We can consider:
- your employment history;
- the work you carried out;
- the machinery and equipment you worked around;
- the nature and duration of your noise exposure;
- hearing protection and workplace precautions;
- occupational health and hearing records;
- your current hearing difficulties;
- other sources of noise exposure;
- appropriate medical evidence; and
- limitation and any other legal issues affecting the claim.
If the evidence indicates that further investigation is appropriate, we can advise you about the next steps.
There is no need to try to establish the legal position yourself before contacting us.
Contact Lacey Solicitors today
If you worked at O’Kane Poultry, Moy Park or another noisy workplace in Ballymena or North Antrim, and you are experiencing hearing loss or tinnitus, contact Lacey Solicitors to discuss your circumstances.
Even if your noisy employment was many years ago, it may still be appropriate to obtain legal advice.
Call Lacey Solicitors today and ask to speak to Roisin Cassidy, the solicitor in charge of hearing loss claims.
Alternatively, use our online contact portal and we will arrange for a solicitor to call you back.
