Key points to consider when claiming for industrial deafness compensation
- You can claim under UK noise regulations
- You have three years from the date of diagnosis or accident to claim
- You will need medical records as supporting evidence
- Your employer has a duty of care to keep you safe
- You can claim on a no win, no fee basis.
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How common is noise induced hearing loss?
The national charity Action on Hearing Loss states that exposure to loud noise is the second biggest cause of hearing loss. While it cannot be cured, many people who have been exposed to high volumes may find that a hearing aid can help.
Hearing loss compensation can help to cover the cost of hearing aids, as well as hearing therapy and lip-reading classes. Speak to our sensitive, expert lawyer team today to start your hearing loss claims.
What is your employer’s legal responsibility?
Your employer has a legal obligation under the Health and Safety at Work Act 1974 to keep you safe. In industries such as construction and mining, noise is part of the job. Industrial deafness claims are most common in these types of jobs, but that does not mean that hearing loss should be acceptable. With the right training and personal protective equipment, your hearing should be protected.
In addition to the Health and Safety at Work Act, the Control of Noise at Work Regulation was introduced in 2005. The regulation helps to protect workers from excessive noise, and states that:
- Employers are responsible for giving their workers a risk-free environment
- Employees should take all reasonable steps to avoid workplace accidents and other safety hazards
- Employers should provide adequate training for noise protection
- Employers must offer appropriate protective equipment.
Specifically, if noise levels are higher than 80dB, employers must put measures in place, for example, offering ear protectors. If this equipment is not provided in loud environments, employees may have grounds for a hearing loss compensation claim.
How to claim for an accident at work
Want to know more about claiming for an accident at work. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.
- When can I make a claim for an accident at work?
- How long after an accident at work can I claim?
- What types of accidents at work can I claim for?
- What are my legal rights to claim for a workplace accident?
- What should I do if I’ve been injured at work?
- Can I make an accident at work claim if I’m partly at fault?
How much compensation can I claim for an accident at work?
Read our accident at work legal guide to understand your legal rights and how much compensation you may be able to claim.
What are the symptoms of industrial deafness?
You may not notice hearing loss straight away – it comes on gradually and can be identified by symptoms such as:
- Asking people to repeat themselves or missing parts of the conversation
- Lack of hearing in one or both ears
- Ringing, buzzing or hissing noises
- Struggling when there is background noise
- Turning up the television.
Adjusting to impaired hearing can take a huge toll on your mental health. You may also have had to change your lifestyle, for example, changing your job, as you struggle with your hearing. At Express Solicitors, we understand hearing loss claims just like yours and will do everything we can to get you the compensation you deserve.
What is tinnitus?
Tinnitus is another symptom of hearing damage due to working in loud environments, and can be used in hearing loss compensation claims. It is most commonly noted 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, we can help you to make industrial deafness claims and tinnitus compensation claims.
You’ll claim more with us.
We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm. Contact us now to discover the real value of your claim.
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. This includes:
- Running risk assessments for noise hazards
- Reducing noise exposure where possible
- Offering hearing protection if exposure cannot be reduced
- Not exceeding the legal limits.
The legal limits are 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. We can help you to find evidence to suggest that your employer did not follow these rules, resulting in your hearing loss.
How much compensation could I receive for an industrial deafness claim?
How much a hearing loss claim is worth depends on a variety of circumstances. There is no set amount for hearing loss compensation claims. Rather, we will assess your case on an individual basis and advise an amount based on three things:
- Physical damage (known as ‘general damages’ in legal terms)
- Financial losses, for example, hearing aids (known as ‘special damages’)
- Any long-term impacts on your life, for example, changing jobs.
While your individual industrial deafness claims may vary, the Judicial Board Guidelines have figures for specific kinds of personal injury, based on historical cases:
- Slight noise induced hearing loss or tinnitus ranges from £6,000 to £13,000
- Moderate to severe tinnitus and hearing loss ranges from £13,000 to £42,000
- Total loss of hearing in one ear ranges from £29,000 to £42,000
- Total deafness ranges from £85,000 to £102,000
- Total deafness and loss of speech range from £102,000 to £132,000.
Our expert hearing loss solicitors will be able to guide you on what you can claim once we know all the details of your case.
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.
How to claim for industrial deafness
You might be feeling anxious about making a hearing loss claim, particularly against an employer. We will make the process as easy as possible for you – by law, your employer cannot dismiss you or treat you differently for making a claim.
We can offer no win, no fee industrial deafness claims, which means you only pay legal fees if your case is successful. Compensation can help you to get the apology you deserve, and to cover any losses you may have faced.
For example, your hearing loss compensation may cover:
- Loss of earnings for time off work
- Loss of earnings due to changing job roles
- Medical bills and hearing aids
- Speech therapy or rehabilitative therapy.
We also understand that hearing loss can have a profound impact on your life. Our assessment will cover the psychological damage you’ve suffered, from losing your job to not being able to interact in social situations. You deserve to get back on your feet, and financial compensation can be the first step.
What is the time limit for claiming for industrial deafness compensation?
Like other industrial disease claims, your hearing loss might not start straight away – but the time limit to claim is generally three years. However, unlike a simple one-off accident, where you would have to claim from the date of the injury, you can claim from the date of your diagnosis.
So, for example, if you start to notice hearing loss symptoms and visit a doctor, he or she 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.
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 biggest settlement possible.
We handle the majority of our hearing loss compensation claims on a no win, no fee basis, so you won’t be financially liable when you enquire. We’ll help you to recover the cost of hearing aids and generally get your life back on track, as well as finding evidence to support your claim. Whatever your questions, we will answer them in a professional and sensitive manner. Contact us today to start your hearing loss claim and get the compensation you deserve.