Hearing Loss Compensation Claims

Making A Claim For Hearing Loss

Industrial Injury and Diseases Compensation / Making A Claim For Hearing Loss

Hearing Loss Compensation Claims

If your hearing has been damaged or affected by exposure to noise in the workplace, then you may be entitled to hearing loss compensation. Hearing loss that has occurred due to workplace conditions is usually referred to as industrial hearing loss.

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Industrial Deafness

Industrial deafness, also referred to as occupational deafness or noise-induced hearing loss, is a condition that results in the loss of hearing which has been caused by exposure to loud noise over often a number of years.  You may not be aware of the damage to your hearing that you have sustained for many years and many people often put their hearing loss down to getting older. The reason for this is that as we age our hearing deteriorates and as it does so, any damage that you have sustained in previous years becomes more apparent and you may notice that your hearing loss is more severe than others. Noise-Induced Hearing Loss can be often identified by a hearing test as the damage caused by noise only occurs at certain frequencies.  As a result of sustaining hearing loss you may require hearing aids or modifications to your home.

Types of Industrial Hearing Loss

Tinnitus

Tinnitus can be caused by exposure to excessive noise over long periods of time and it is usually characterised by a ringing or a buzzing sound in the ears. If the condition is serious the ringing noise can become constant and have a far reaching implications. Tinnitus can cause a large range of mental health problems, such as anxiety,  depression, insomnia and can more generally cause a reduction in the overall quality of life due to a difficulty in maintaining hobbies and interests. Unfortunately there is no cure of tinnitus but there are methods available that can help you to live with this condition such as Counselling or Cognitive Behavioural Therapy(CBT).

If you are suffering from hearing loss and/ or tinnitus and have worked in a noisy environment for a number of years and you were not provided with hearing protection or any adequate hearing protection or the use of such was not enforced then you may be entitled to compensation and should contact one of our Solicitors who will be able to assist you.

Acoustic Shock

Acoustic shock refers to hearing damage caused by exposure to high frequency and high-intensity sound such as that from a telephone headset.

Although the precise reason for this condition is fairly unclear, it is thought that headset wearers may suffer from a variety of physiological and psychological symptoms. This may be caused by interference on the phone line perhaps. In general, call handlers’ daily personal noise exposure is unlikely to exceed the 80dB lower exposure value, as outlined by the Control of Noise at Work 2005 regulations. However, to ensure this good noise management practices should be implemented. Call handlers should be encouraged to report acoustic shock incidents to management and management should keep a record of such events.

Making a Claim

The most important factor in making a claim is the ability to prescribe blame to the other party involved. Therefore, it is necessary to prove that the hearing injury was caused by the person’s workplace environment. Therefore, anyone wishing to bring a claim against their employer should collate witness statements and documents which detail the state of workplace conditions.

Employees will need to show that you have been exposed to serious levels of noise, which have caused your injury. Furthermore, they must highlight that their employer should have reasonably been able to foresee that these circumstances were dangerous and did not attempt to fix the circumstances.

The compensation awarded will then be based around the pain and suffering you have experienced due to your hearing loss, the loss of functioning/amenity it has caused you as well as any additional financial costs. Financial costs could include a loss of income if you have been unable to work due to your injury.

How Much Compensation?

All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. Compensation is understood by looking at two specific factors: general damages and special damages.

General Damages

The pain and suffering that your injuries have caused are main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to based upon your injuries.

Special Damages

In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed.

Making Personal Injury Claims

If your hearing has been damaged due to workplace conditions, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.

First Personal Injury works with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury.

This time limit for bringing an occupational illness claims is three years from the date that you became aware of your symptoms and that they were caused by your work.  The time from when this three year timeline begins can, however, vary on a case by case basis and therefore if you think you have an allergy or any other occupational illness then please do not delay in calling us to discuss how we may be able to assist you.