industrial deafness claims solicitors

What is industrial deafness?

Industrial deafness, also referred to as occupational hearing loss or noise induced hearing loss (NIHL), is a form of hearing impairment resulting from exposure to high levels of noise in the workplace. Industries with high noise levels such as construction sites, factories, airports, bars and nightclubs, and military training sites, are typically where instances of industrial deafness are most common.

It can take several years after exposure for this condition to be diagnosed, and can manifest in different forms including temporary or permanent hearing loss, acoustic shock, or tinnitus. Employers have a legal obligation to minimise the risk of such hearing damage by providing adequate safety measures, such as training and personal protective equipment, to protect employees from excessive noise levels. If negligence on the part of the employer results in an employee suffering from industrial deafness, the affected individual is entitled to claim compensation.

Am I eligible to claim compensation for industrial deafness?

You are eligible to claim compensation for industrial deafness if your hearing has been damaged due to your employer’s negligence, such as failure to provide the correct safety equipment or maintain an acceptable noise environment in the workplace. You must prove that your hearing loss is a result of their negligence in their duty of care. According to The Control of Noise at Work Regulations 2005, you can claim compensation if you have been exposed to high noise levels in the workplace.

The compensation amount depends on the severity of your hearing loss, ranging from £7,100 for low-level hearing loss up to £140,000 for total deafness and loss of speech. You have a period of up to three years from the date of your diagnosis by a medical professional to start your claim for industrial deafness compensation.

In order to be successful in your claim, you must prove that your employer failed to uphold their legal obligations under The Control of Noise at Work Regulations 2005. This includes providing you with adequate training and personal protective equipment, monitoring noise levels in the workplace, and reducing noise exposure where possible. If your employer has breached these duties and your hearing has been damaged as a result, you are eligible to claim compensation.

What examples of negligence may lead to hearing loss at work?

Hearing loss at work may result from various examples of negligence by an employer. One instance is the failure to provide adequate safety equipment necessary for employees working in environments with high levels of noise. This could lead to the development of industrial deafness or noise induced hearing loss.

Another example is the absence of sufficient training in relation to noise protection. Employers are expected to educate their employees about the risks of being exposed to excessive levels of noise and provide them with the necessary skills to protect themselves.

Moreover, employers are required to monitor noise levels in their workplaces and aim to reduce noise exposure where possible. The negligence to perform such tasks could result in their employees suffering from hearing problems. The failure to provide personal protective equipment like ear protectors when noise levels exceed 80 decibels also demonstrates a lack of care on the part of the employer.

Finally, disregarding the legal limits known as ‘exposure limit values’ could lead to hearing loss at work. Workers should not be exposed to more than 87 decibels without protection and a breach of this standard may be considered negligence on the part of the employer.

What evidence is needed to support a claim for industrial deafness?

To support a claim for industrial deafness, the claimant needs to demonstrate that they have been exposed to high noise levels in the workplace due to their employer’s negligence. This can be proven by showing that the employer failed to fulfil their duty of care under The Control of Noise at Work Regulations 2005, such as not providing adequate training and personal protective equipment to protect the claimant from excessive noise levels.

Moreover, it must be established that the claimant’s hearing has been damaged as a result of the employer’s negligence. This usually necessitates a medical diagnosis confirming that the claimant suffers from temporary or permanent hearing loss attributed to noise exposure at work. The claimant has up to three years from the date of this diagnosis to initiate their claim.

Furthermore, any relevant evidence of the employer failing to comply with legal obligations can also be used to strengthen the claim. For instance, if the employer did not carry out regular risk assessments, failed to monitor and reduce noise levels in the workplace, or did not provide safety equipment when noise levels exceeded 80dB, these instances of negligence can support the claim for industrial deafness compensation.

What are the symptoms of industrial deafness?

Industrial deafness, also referred to as occupational hearing loss or noise induced hearing loss (NIHL), manifests in several ways. These typically include temporary or permanent hearing loss, acoustic shock or tinnitus. Often, these symptoms may not be immediately noticeable as they often develop gradually over time.

Symptoms of industrial deafness might include a reduced ability to hear in one or both ears, experiencing ringing, buzzing or hissing noises, which is a condition known as tinnitus. People affected might struggle to hear conversations when there is background noise, often have to turn up the volume on the television, or ask people to repeat themselves or miss parts of the conversation. These symptoms can significantly impact a person’s mental health and may necessitate changes in lifestyle, such as shifting to a different job due to impaired hearing abilities.

How can industrial deafness be treated?

Industrial deafness, also known as occupational hearing loss or noise induced hearing loss (NIHL), is a form of hearing damage resulting from exposure to high sound levels in the workplace. It’s prevalent in industries with high noise levels such as construction sites, factories, airports, bars, nightclubs, and military training sites. The condition may not become apparent until years after exposure, and can manifest in several ways, including temporary or permanent hearing loss, acoustic shock, or tinnitus.

Regrettably, the text does not provide explicit information on how industrial deafness can be treated. However, it alludes to certain measures such as providing workers with personal protective equipment like ear protectors and using less noisy equipment where possible to protect workers from excessive noise. There is also a mention of potential requirements for medical and rehabilitation equipment or treatments, including speech therapy, depending on the severity of the condition. It’s also suggested that lifestyle changes, including job changes, may be necessary as the individual adjusts to impaired hearing.

Therefore, implied treatments for industrial deafness may include the use of hearing aids, cochlear implants, speech therapy, and lifestyle adjustments. However, it’s crucial that those affected seek professional medical advice for personalised treatment options.

What measures can be taken to prevent industrial deafness?

To prevent industrial deafness, employers are required to adhere to The Control of Noise at Work Regulations 2005. This includes providing sufficient training and personal protective equipment to shield employees from excessive noise levels. Additionally, employers should carry out regular risk assessments to ensure a risk-free environment for their employees.

Further measures include monitoring noise levels within the workplace and seeking solutions to reduce noise exposure where possible. Employers should also consider the use of less noisy equipment if feasible. If noise levels surpass 80dB, employers are required to equip their employees with personal protective equipment such as ear protectors.

Employers are obliged to warn their employees about the dangers of excessive noise levels and explain the measures implemented to minimise the risk of hearing loss. Legally, workers should not be exposed to more than a daily or weekly noise level of 87dB without protection. Noise levels should also not exceed 140 dB. If an employer fails to offer such safety measures and an employee suffers from noise induced hearing loss as a result, they may be eligible to claim compensation.

What are the legal rights for claiming compensation for industrial deafness?

Under The Control of Noise at Work Regulations 2005, employees have the right to claim compensation for industrial deafness if they have been exposed to high noise levels in their workplace due to their employer’s negligence. Employees are allowed to claim if their employer did not provide them with appropriate safety equipment and as a result, their hearing has been damaged.

The employer should have provided a safe environment, conducted risk assessments, supplied adequate noise protection training, monitored and attempted to reduce noise exposure, considered using less noisy equipment when possible, provided personal protective equipment if noise levels exceeded 80dB, and not exceeded legal exposure limit values.

The amount of compensation you can claim for noise induced hearing loss ranges from £7,100 for low-level hearing loss up to £140,000 for total deafness and loss of speech. The claim must be made within three years from the date of a diagnosis by a medical professional.

In addition, if the employer’s negligence led to noise induced hearing loss, and they did not maintain the required safety levels, the affected party may be entitled to compensation. This also applies even if the individual was not a full-time employee, as the employer’s responsibility to ensure safety is not dependent on the type of employment contract.

If the workplace noise levels reached 80dB, the employer had a legal obligation to assess the risks to your hearing and put in protective measures if necessary. If you believe that your employer did not provide such levels of safety and you suffer from noise induced hearing loss as a result, you may be able to claim for compensation.

Is it possible to make a no win no fee industrial deafness claim?

Indeed, it is possible to make a no win no fee claim for industrial deafness. These claims are undertaken under a no win, no fee arrangement, where an insurance policy, known as after-the-event insurance, is taken out on your behalf by your solicitor. This policy protects you from any costs associated with your claim, including legal fees, court costs, and medical reports, in the unlikely event that the claim is not successful. As such, you can make a claim without having to pay anything upfront. Only when your claim succeeds will you pay a fee, the amount of which is agreed upon at the start of the claim process.

Who pays the compensation in an industrial deafness claim?

The compensation for an industrial deafness claim is paid by the employer’s liability insurance. It is important to note that this does not negatively impact the company and legal regulations prevent the employer from treating an employee differently or dismissing them for making such a claim.