Hearing Loss Claims – A Primer.
Obtaining the basic facts about noise induced hearing loss, as a result of long and continued exposure to excessive levels in the workplace, is an important factor when considering beginning a claim for compensation.
Claim Time Limit …
You will need to bring your claim within 3 years from the date you first became aware that you may be suffering from industrial deafness. Beyond this time limit it is possible, in some cases, to apply to the court for permission to bring a claim, but the court will want to know the reason for the delay.
You should seek professional, expert hearing loss advice from an experienced lawyer who deals in this specialised area and with this type of claim all the time.
Former Employer Liability…
Although the dangers of excessive workplace noise were known by companies from the mid 1950’s onwards, many employers took no action until the 1980’s and 1990’s if at all. As a result many people who worked with noise are now suffering from serious hearing impairment.
Affected local industries where this occurred include the Railways, Car Production, Paper Mills, Engineering Works, and Heavy Industrial and Manufacturing Companies.
If you were exposed to excessive noise over a period of time with no hearing protection, your employer may well have to pay you compensation if you have suffered hearing damage.
Medical Tests …
An audigram test will be able to tell you whether or not noise has caused your hearing impairment. First speak with your doctor if you have suffered from exposure to considerable noise in your working life.
What Can I Claim …
You will receive a lump sum in compensation for loss of hearing, depending on the degree of your disability. In addition, you can claim a lump sum to purchase private hearing aids, if these are required, for the reminder of your life. You may also claim compensation if your deafness affects your ability to work or to obtain work .
The amount of compensation you can claim for industrial deafness depends on several factors: whether your hearing damage is partial or total, whether you suffer from tinnitus (ringing in the ears) and whether you have hearing loss in one or both of your ears. Each case is different and has to be assessed separately.
As a rough guideline, in 2009 – 2010, amounts expected to be received, were the following:
Partial hearing loss -
- Occasional tinnitus with some hearing loss: £4,800 – £8,000
- More serious tinnitus and hearing loss: £8,000 – £19,000
- Severe tinnitus with more serious hearing loss: £19,000 – £30,000
Permanent hearing loss –
- Total hearing loss in one ear with tinnitus: up to £29,000
- Total hearing loss in both ears with tinnitus: up to £70,000
Length of Claim…
Dependent on how quickly the employer accepts liability, but generally claims may take between 6 – 12 months and without the need for a court hearing.
Solicitor/Legal Costs …
Most cases of industrial disease are dealt with on a ‘No Win No Fee’ basis. This means that you only have to pay the solicitor if he wins the case and the normal rule is that the employer’s insurance company will pay your costs.
Employer No Longer Exists…
After 1972, employers were legally obliged to take Employer Liability Insurance and many employers will have had insurance even before this date. If details of the policy can be traced, you will still be able to claim against any insurers of your employers even if they are no longer in business.