The ESB could face claims running into seven figures if it loses a claim for work-related deafness which opens in the High Court today. The case is listed to take three days.
The case, taken by Mr Bernard Farrell, who worked in the ESB's Poolbeg station, is seeking compensation for hearing loss he claims he suffered as a result of the noise there. The case is based on the Army deafness claims, of which over 15,000 have been made so far.
The case is one of several dozen being taken by Lawline solicitors in Dublin. According to Ms Caoimhe Haughey, who is working on the cases with colleague Ms Mairead Little, another ESB case is listed for next week.
It is understood that about 50 men have indicated to the ESB they are taking claims. Ms Haughey said that hundreds might have worked in the relevant areas over the past 30 years.
"These are all men in their mid-50s to mid-60s. They have a long service of employment with the ESB" she said. "The thrust of their claims is that they were exposed to unacceptably high levels of noise in the workplace, especially in power stations.
"They would have been working in large buildings with huge turbines, condensers and fans. Some would have been working up to 16-hour shifts. They have all had audiograms and have been examined by ENT specialists, and there will be medical reports, similar to those in the Army cases."
There were statutory regulations in place at the time which specified the types and levels of protection required for those exposed to high noise levels. It is understood that part of the case is that these were not properly complied with, and that the ear protection equipment fell short of the standard needed to guard against hearing loss.
An ESB spokesman confirmed that the case was taking place, but refused to comment, on the basis that it was subjudice, except to state that the company was "making a full defence on all fronts".
Based on the awards made in the Army deafness cases the costs, including legal costs, could run to over £1 million for the ESB. Last May the Minister for Defence, Mr Smith, said that more than £144 million had been paid out to date in settlement of Army deafness claims, of which almost half was for legal fees. This included 256 court awards and 7,422 out-of-court settlements. Another 7,587 claims are outstanding.
The average cost of each case was therefore just under £20,000. If the ESB is facing 50 or more claims, if it is found liable and if the awards run along the same lines, its costs are likely to run to more than £1 million.
The cost of Army deafness claims has been reduced by an agreement concluded last year between the Department and lawyers for the soldiers on calculation of the awards.