Claim compensation for industrial deafness and noise induced hearing loss
If your hearing has been damaged because your employer failed to provide you with the correct safety equipment, you can make a claim for industrial deafness compensation.
Last updated on November 8th, 2023.
Key points to consider when claiming for industrial deafness compensation
- You can make a claim for compensation under The Control of Noise at Work Regulations 2005 for industrial deafness if you’ve been exposed to high noise levels in the workplace through your employer’s negligence
- You will be able to claim compensation for industrial deafness against your employer if you can prove that they have been negligent in their duty of care and that your hearing has been damaged as a result of their negligence
- The amount of compensation you may be able to claim for noise induced hearing loss starts at £7,100 for low-level hearing loss up to £140,000 for total deafness and loss of speech
- You have up to three years from the date of a diagnosis from a medical professional to start your claim
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How much compensation can I claim for industrial deafness?
Compensation amounts for industrial deafness will depend on how severe your symptoms are and their effect on your life.
According to the Judicial College Guidelines, settlement amounts for industrial deafness and noise induced hearing loss can start at £7,100 for low-level hearing loss or tinnitus up to £140,000 for total deafness and loss of speech.
Compensation amounts for noise induced hearing loss and industrial deafness claims
|Severity of noise induced hearing loss||Amount of compensation|
|Total Deafness and Loss of Speech||£109,000 – £140,000|
|Total Deafness||£90,000 – £109,000|
|Total Loss of Hearing in One Ear||£31,000 – 45,500|
|Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL alone||£14,000 – £29,000|
|Mild tinnitus with some NIHL||£12,500 – £14,500|
|Mild tinnitus alone or mild NIHL alone||£11,720|
|Slight or occasional tinnitus with slight NIHL||££7,000 – £12,500|
|Slight NIHL without tinnitus or slight tinnitus without NIHLL||up to £7,100|
These amounts only consider the compensation you could claim for your symptoms, known as General Damages.
It does not take into account what you may be able to claim for Special Damages – the amount of compensation you can claim for your out-of-pocket expenses and how your injuries may have affected your life.
Such expenses may include, but would not be limited to;
- Any loss of income you may have suffered, both from time off work or if you had to change jobs
- Any medical and rehabilitation equipment or treatment you may require, including speech therapy
- Any costs for the care you may have or will need to receive, even if provided by a family member
- Any out-of-pocket expenses you or anyone who has cared for you may have incurred
- Any out-of-pocket expenses you may have incurred because of your injuries
Our experienced no win no fee solicitors understand how hearing loss can profoundly impact your life and have over two decades of successfully fighting for the legal rights of clients who have suffered through no fault of their own.
What is the time limit for claiming for industrial deafness compensation?
You have up to three years from the date of your diagnosis to start your claim for industrial deafness.
Unlike many accident at work claims, where you have three years from the date of an accident to start a claim, the three year time period of industrial deafness claims only begins from the date of diagnosis from a medical professional.
So, for example, if you start to notice hearing loss symptoms and visit a doctor, they may attribute the symptoms to your job. You will then have three years from the date of your diagnosis to make a claim. We always advise making a claim as soon as possible, and we can help you to gather the evidence you need.
What are my legal rights to claim compensation for industrial deafness?
In accordance with The Control of Noise at Work Regulation 2005, your employer is legally required to protect workers from excessive noise in the workplace. Such responsibilities include:
- To provide a risk-free environment for their employees, including carrying out risk assessments
- To provide adequate training in relation to noise protection
- To monitor noise levels in the workplace and to seek to reduce noise exposure where possible
- To consider using less noisy equipment where possible
- If noise levels are higher than 80dB, to provide employees with personal protective equipment such as ear protectors
- To warn employees of the dangers of excessive noise levels and explain the measures taken to reduce the risk of hearing loss
- To not exceed the legal limits, known as ‘exposure limit values’. By law, workers should not have a daily or weekly exposure of more than 87dB without protection. Noise levels can also not exceed 140 dB legally
If you feel that your employer did not provide such levels of safety and you suffer from noise induced hearing loss as a result, you may be able to claim for compensation.
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Can I make a no win no fee industrial deafness claim?
Yes. Our industrial deafness claims are provided on a no win, no fee basis.
When a no win no fee claims agreement is set up, your solicitor will take an insurance policy out on your behalf, which protects you in the rare event the claim isn’t successful.
The policy covers any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.
The insurance policy, known as after-the-event insurance, fully protects the person claiming if the claim is unsuccessful and from any costs during the compensation claim process, meaning you can make a claim without paying a penny.
You will only pay a fee if your claim is successful, and the amount will be agreed upon when you enter into the agreement at the start of the claim process.
What are the symptoms of industrial deafness?
You may not notice noise induced hearing loss straight away as, in many cases, it develops gradually over an extended period of time. Symptoms can include:
- Lack of hearing in one or both ears
- Ringing, buzzing or hissing noises
- Struggling to hear when there is background noise
- Turning up the television
- Asking people to repeat themselves or missing parts of the conversation
Adjusting to impaired hearing can take a huge toll on your mental health. You may also have had to change your lifestyle, such as changing your job, as you struggle with hearing. At Express Solicitors, we understand how much industrial deafness can affect your life and will do everything possible to get you the compensation you deserve.
What is tinnitus?
Tinnitus is another symptom of hearing damage due to working in loud environments. It is most commonly described as a ringing, buzzing or white noise in the ears.
Tinnitus is caused by damage to the cochlea – the inner ear. When the cells in the cochlea are damaged, the break seeks sound from elsewhere in the body, which results in this ringing sound. While tinnitus can have many causes, it’s very common for those who work in industries such as:
- Power stations
- Stone cutting
- Textile mills
Whatever your industry, our expert accident at work solicitors can help you to make a tinnitus compensation claims.
Unlimited legal support.
That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.
How long will my industrial hearing loss claim take?
While there is no set time limit for hearing loss claims, we try to settle all cases within six months. This can be quicker if your employer admits liability. Likewise, your claim may take longer if your employer is no longer in business. We will keep you updated throughout the process.
Do I need to attend a medical for an industrial deafness claim?
We may ask for a medical so that we can use the records to support your claim. If your employer is still in business, they may ask for an additional medical as part of their defence. We will keep you informed and make sure you’re comfortable throughout this process.
Who pays the compensation for my industrial deafness claim?
You may be feeling anxious about claiming against an employer, particularly if you’re still working for them. However, the settlement does not come from the business or the individual but from the employer’s liability insurance. It will not affect the company, and your employer is not legally allowed to dismiss or treat you differently for making a claim.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
The company I was working for is no longer in business. Can I still claim?
It is possible to claim even if your former employer is no longer in business, as their insurance company is liable for the compensation.
Can I claim for industrial deafness if I am self-employed or work zero hours?
You can still claim for industrial deafness if you were not a full-time employee. It is your employer’s responsibility to keep you safe and well-trained, regardless of your employment contract. Likewise, you can claim if you were visiting the site and suffered noise induced hearing loss.
How much noise is too much noise?
We measure noise levels in decibels (dB). According to Action on Hearing Loss, the level at which hearing starts to become damaged is 85dB. By comparison, an aeroplane taking off 100m away measures at 130dB.
If your workplace noise levels reach 80dB, your employer has a legal obligation to assess the risks to your hearing and put in protective measures if necessary.
How Express Solicitors can help with your industrial deafness claim
Our expert industrial deafness solicitors have dealt with hundreds of claims just like yours. We specialise in taking on the legal cases that other solicitors cannot, so we will leave no stone unturned when it comes to getting the largest compensation settlement possible.
Contact us today to start your hearing loss claim and get the compensation you deserve.