Hearing loss claims – everything you need to know
Find out more about hearing loss and how to make a claim for compensation. For more information about making a No Win No Fee claim, get in touch today.
Suffering hearing loss, whether it is slight or full deafness, can be a distressing time. If your hearing loss was caused due to the negligence of a third party then you could be entitled to make a claim for compensation.
The most common form of hearing loss claim is against an employer, as hearing damage can be caused due to excessive noise and a lack of ear protection at work. These claims are commonly known as industrial deafness, but may also be referred to as ‘occupational deafness’ or ‘Noise-Induced Hearing Loss (NIHL)‘ claims.
Industrial deafness is generally the result of an employee being subjected to a loud noise, normally over a long period of time while not wearing the correct ear protection. There are certain occupations that have more risk of industrial deafness, such as working on construction sites or in factories with a lot of loud machinery. However, industrial deafness can affect workers in any industry.
Negligence in hearing loss claims
In order for you to make a successful compensation claim, you must be able to demonstrate who is at fault for your hearing loss.
When it comes to industrial deafness claims, negligence generally lies with the employer. All employers have a duty of care to their employees in terms of making reasonable provisions to protect their health and well-being while they are at work.
That duty of care extends to your hearing if you work in a loud environment. Therefore, your employer must carry out regular risk assessments as well as provide training to staff regarding the use of loud machinery and ear protection.
If your employer has failed in this duty of care, then you may be entitled to make a claim for compensation.
Hearing loss compensation payouts
When calculating how much compensation you may be awarded for a hearing loss claim we need to take into account the severity of your injury as well as the impact it has had on your day-to-day life.
If you have suffered severe and/or permanent hearing damage, then you could be entitled to the higher compensation payout amounts which could be as much as £118,000.
For less serious hearing loss e.g. occasional tinnitus with slight hearing loss, you could be entitled to anywhere between £6,000 – £10,600.
The compensation you receive will depend on your own personal circumstances, so the above figures should only be viewed as a basic guidelines. For more information see our full breakdown of industrial deafness compensation amounts.
Other types of hearing loss claims
There are many different forms of hearing loss compensation claims. As well as the more common industrial deafness claims that occur at a workplace, there are also:
Military noise-induced hearing loss claims
Similar to noise-induced hearing loss claims arising from the workplace, military hearing loss claims concern those serving in the armed forces who have suffered hearing damage.
It is common for people in the military to be subjected to high levels of noise over a period of time, for example:
- Aircraft noise
- Artillery fire
- Vehicle noise
Like an industrial deafness case, if your superiors in the military failed in their duty of care and you suffer hearing loss as a result then you could be entitled to make a compensation claim against the Ministry of Defence.
Many of us have experienced tinnitus at one time or another – it’s that high-pitched ringing, buzzing or humming sound in the ears we experience after going to a live concert.
Usually this sensation only lasts for a few hours or so, but some people can sustain permanent tinnitus if they are regularly exposed to high levels of noise e.g. while at work.
Having permanent tinnitus can have a significant impact on your day to day life, affecting your social life and potentially your ability to do your job.
Acoustic shock claims
Whereas most hearing loss claims are linked with long-term exposure to excessive noise, acoustic shock claims concern the damage done to your hearing by a one-off loud noise.
Acoustic shock is a recognised industrial injury that is caused by the sudden exposure to a short, unexpected, loud and high frequency sound.
People who work on the telephone a lot – particularly call centre staff who wear a headset all day – are most prone to acoustic shock as they are at risk of a sudden loud feedback noise through the phone line. However, anyone who is subjected to a loud and sudden noise could suffer acoustic shock and be entitled to make a claim.
How to make a claim
If you have suffered hearing loss as the result of someone else’s negligence, then you could be entitled to make a No Win No Fee compensation claim.
For more information about how we can help you, please get in touch today: