How is my employer responsible for my hearing loss?

In the UK, all employers owe a duty of care to their employees to ensure they are safe from sustaining any damage to their hearing under the Control of Noise at Work Regulations 2005.

Meaning, your employer should ensure they take one or all necessary precautions, as set out below when the noise levels within your workplace reach 80-85 decibels or exceed this:

  • Reduce the decibel level, however, in some workplaces this may not be possible
  • Ensure you have protection such as earplugs or ear defenders
  • Schedule regular breaks so you can spend time away from the noise

Failure to take the above measurements will be a breach of the duty of care owed to you by your employer, therefore, if you have suffered from hearing loss, as a result, you could be entitled to make a personal compensation claim, contact our legal advice team on 08000 250 250 to find out if we could help you.

What Type Of Work Can Cause Hearing Loss Or Industrial deafness?

Any workplace where noise levels are consistently high will put your hearing at risk, especially if you have not been properly briefed on risks and prevention and provided with the correct protective equipment. Therefore, hearing damage can occur in various types of workplaces including:

  • Bars/night clubs – due to loud music playing
  • Factories – caused by machinery operation
  • Construction sites and building work- due to high-speed drilling, sudden loud noises, heavy machinery operation
  • Military and armed forces training sites – caused by explosions, gunshots etc.

It is the responsibility of your employer to ensure the impact the loud noises associated with your job does not impact on your health and safety, if they have failed to maintain this and you have suffered as a result then compensation could help you by giving you financial support to aid any expenses caused by your injury and the changes you may have to make.

What Types Of Hearing Loss Or Industrial Deafness Can I Claim For And What Are The Symptoms?

Whether your hearing loss is minor or severe, we understand it will be difficult to live with. It is common for hearing loss not to present itself until years after exposure to the loud noise it has been caused by and in some cases, it can gradually become worse with time.

There are 3 main types of “noise-induced hearing loss” (NIHL) which are:

  • Tinnitus
  • Occupational deafness
  • Acoustic shock syndrome

Each sufferer will have their individual experiences but most people suffer from the following symptoms:

  • Ringing, buzzing, whistling or hissing in the ear
  • Struggling to hear people when there is a background noise
  • Lack of hearing in one or both ears
  • Permanent or temporary loss of hearing
  • Missing parts of your conversation

Learning to live day-to-day life with the consequences of someone else’s negligence is difficult and hard to cope with. Hearing loss will affect your daily routine and even force you to have a change of career. We feel this is unfair and are here to help, support and guide you, get in touch with our legal advice team and find out how we can get you the compensation you deserve.

Why should I claim compensation? How will it help?

We understand you’re having to deal with so many changes and adding a claim into the mix may make you feel a bit apprehensive but making a claim doesn’t have to be worrying or stressful with our experienced solicitors, processing a claim is simple, easy and as stress-free as possible.

We have seen first hand how compensation has helped thousands of people get back on the right track after sustaining an injury that wasn’t their fault. Not only did it get them the apology they deserve, but the compensation they received helped them cover costs and expenses that were caused and will arise due to the accident and injury.

This is because when processing a claim we will ensure every aspect is assessed to try and cover all losses and future loss, costs and expenses including:

  • Loss of earning and future loss of earnings
  • The impact your injury is causing to your daily routines such as work and personal activities
  • Impact on your career and any future career prospects or education
  • The impact you have suffered emotionally
  • The costs of medication, treatment and recovery
  • Care received, even if it has been free from a loved one

Hearing loss can be frustrating and can leave sufferers feeling depressed and isolated due to struggling in social situations, but Direct Solicitors are here for you, contact our team and find out how we can help you.

My employer is no longer in business, can I still claim?

Industrial deafness and hearing loss usually develops over time, therefore, it is not common for your employer to no longer be in business by the time you have been diagnosed. But don’t worry, it is likely we can still help you claim the compensation you deserve.

It is the law within the UK for all employer to take out an employer’s liability insurance policy, therefore, we are able to track down your previous employer’s insurers and your compensation will be paid out by the insurance company in the same way any other workplace claim would be.

How Long Do I Have To Make A Claim For Hearing Loss Or Industrial Deafness?

There is a limitation put in place by the statute of 3 years from either:

  • The date of the accident or,
  • The date of the diagnosis of the illness/condition

However, there are a few exceptions to the 3-year limitation which are:

  • Psychological trauma, if a work accident has resulted in a serious brain injury which has subsequently left them unable to make the claim personally then there will be no time limit on pursuing a personal compensation claim
  •  Overseas work accidents, this can impact the time limit you have to claim by making the limitation period shorter, to find out more contact our team
  • Faulty equipment, manufacturing/design faults can lead to the equipment you are using has a defect, this may have an impact on your limitation period if you would like to find out more on how this can affect your claim contact our legal advice team today

Our team are dedicated to helping you know your legal rights and providing you access to them, so if you want to find out more about claiming, find out if you’re eligible or start your claim today contact our legal advice team on 08000 250 250.

What Are The Ear Injury and Deafness Compensation Average Payouts?

Here are some guideline amounts to give a rough idea of how much compensation you could receive for your suffering.

If you have suffered an injury that isn’t listed here then we could still assist. Or alternatively you can use our personal injury compensation calculator to find out the rough estimated amount of comoensation you could receive for your injury/illness.

Minor Ear Injury

For those experiencing anything from partial hearing loss, to mild or severe tinnitus – £5,000 to £35,000

Serious Ear Injury

Total loss of hearing in one ear, in addition, the compensation payout amount depends upon the on-going symptoms such as dizziness, headache etc. – £23,850 to £34,650

Severe Ear Injury 

Damage leading to total or profound deafness, a higher amount of compensation is paid if the injury has happened to a child, due to the potential loss of the ability to speak – £68,950 to £107,500

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