YOU MAY HAVE A CLAIM FOR COMPENSATION
RAF Deafness Claims
If you have been exposed to loud noises in the RAF which damaged your hearing, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.
What is an RAF deafness claim?
Working in the RAF is one of the most rewarding jobs you can have, but it also comes with some risks, especially to your health. If you’re experiencing problems with your hearing and you believe this is the result of excessive exposure to loud noise during your time in the RAF, we can offer you expert legal advice.
Many members of the armed forces suffer from hearing loss as a result of their work, especially where adequate protection wasn’t provided. We can help you claim compensation if you have been affected by hearing loss or deafness while serving in the RAF, whether you were on an operation, undergoing training or participating in service-approved exercises.
What is the criteria for making a claim?
If you were in the Royal Air Force and have been experiencing hearing loss, tinnitus, or both, then you may be eligible for a claim. It’s important to note that you don’t have to be completely deaf to make a claim; if you are experiencing a constant and unpleasant buzzing or ringing sound (tinnitus), this can also be considered as part of your claim. You do not need to have served in the RAF for a certain period of time either.
You can also claim if:
- You are still serving or have previously served
- Any part of your service was after 1987 (when Crown Immunity was in place)
- You have made a successful claim through the Armed Forces Compensation Scheme or the War Pension Scheme before
- You were denied payment by the Armed Forces Compensation Scheme or the War Pension Scheme
Did you know?
Did you know over 300,000 ex-armed forces personnel suffer from noise-induced hearing loss (NIHL) and tinnitus?
The legal argument
According to the law, if you are exposed to sounds at or above 85dB, you should wear hearing protection. This applies to all military personnel, including those in the Royal Air Force.
The Ministry of Defence has a duty of care to protect its employees from any risks of hearing loss/damage. This includes the use of gun and artillery fire, mortars, explosions, pyrotechnics and aircraft noise. It also includes vehicle engine noise. This is according to the Control of Noise at Work Regulations Act 2005 and the Noise at Work Regulations 1989.
The MoD should also recognise that hearing damage can be caused by service personnel not wearing adequate ear protection when dealing with these types of sounds.
Did you know?
What evidence is needed?
To claim for deafness or hearing loss whilst serving or training in the RAF, you will need to be examined by a medical professional to assess the extent of the damage to your hearing. Even if your hearing loss has been gradual rather than sudden, it may still be possible to make a claim.
If you struggle to hear properly in crowded rooms, or if you have to ask people to repeat themselves a lot, get in touch with us as soon as possible. You can also ask friends and family if they’ve noticed your hearing loss. Anything that could support your claim will help!
- You don’t have to be completely deaf to make a hearing loss claim whilst serving in the RAF.
- You can claim if you’re still serving or training in the RAF.
- You can claim if you have already made a successful claim through the Armed Forces Compensation Scheme or the War Pension Scheme or if you were denied payment through the scheme
How much compensation could I get?
The amount of compensation you are eligible for will depend on the specifics of your case, namely how severe your hearing loss is. Your solicitor will negotiate your claim with the party responsible for your hearing loss, in this case, the regiment you served in. At Claims Bible, we will ensure you get the maximum amount possible. As well as hearing loss, we can seek compensation for any mental trauma or treatment/rehabilitation you required after serving or training in the RAF.
- The Ministry of Defence has a duty of care to provide you with ear protection when working with noise over 85db.
- Their duty of care for extreme noise ranges from pyrotechnic noise to gun and artillery fire.
- The Ministry of Defence has to provide you with hearing protection following the Control of Noise at Work Regulations Act 2005 and the Noise at Work Regulations 1989.
How long do deafness claims take?
Deafness claims are complex and can take some time to process, but we will keep in contact with you every step of the way. There are some factors which could slow the process down, including:
The severity of your hearing loss
How long it took for you to realise and report your hearing loss
Whether you have made any previous hearing loss claims
If other medical conditions are affecting your hearing loss
- You’ll need to be examined by a medical professional to prove your claim.
- Your personal injury solicitor will take a look at how your hearing loss or deafness has impacted your day-to-day life as well as your mental health.
- They will negotiate with the Ministry of Defence on your behalf and will take the claim to court if necessary.
- If you lose the claim, you don’t have to pay a penny.
The claim process
There are a few steps to our claim process:
We’ll invite you to an initial consultation so one of our specialist personal injury solicitors can learn more about your case. During this meeting, we will discuss your options and the process for making a deafness claim for the RAF. We will also provide you with an estimate of how much compensation you could receive if you decide to pursue your claim.
The process for deafness claims for RAF personnel is similar to any other personal injury claim. Your examination will be assessed by a medical professional who will fill out an assessment form. This form will be sent to your personal injury solicitor, who will also look at the medical evidence and assess whether there is a valid case for deafness or hearing loss. They will also consider the impact it has on your day-to-day life.
If you decide to put the claim forward, the third party will be notified by your solicitor. Your solicitor will submit the claim along with any details regarding your hearing loss and deafness such as any evidence you provided that was backed up by a medical professional’s opinion. The third party is required by law to notify you of their decision.
The defendant will either accept or deny liability in writing. If an agreement cannot be met at this stage, the case may be set before a judge in court. If an agreement cannot be reached out of court, your solicitor will negotiate a settlement on your behalf out of court.
Completion of the case is agreed upon either by the negotiation stage with the third party or in court before a judge. If the claim is successful, your compensation will be agreed upon either by negotiation with the other party or in court. For no-win, no-fee cases, your solicitor’s fee comes out of your compensation, which is normally around 25%. If you lose, you don’t pay anything as your insurance will cover the costs of the claim.
We will support you through every stage of the claim process for your hearing loss.
What will it cost to put forward a claim?If you claim with us, there are no upfront fees. Your solicitor will work on a no-win no fee basis, which means that if your claim isn’t successful, you won’t pay anything. If it is successful, you’ll pay them legal costs of around 25%. No surprise fees mean that your solicitor will always be upfront with you about the costs of your case and how much they’ll charge if you win.
What happens if I don’t win?We have no win no fee basis. This means you don’t pay any fees if we can’t negotiate any compensation. You don’t have to worry about paying anything upfront. No risk, no catch!
Can I claim without a solicitor’s help?It is possible to claim for deafness in the RAF without a solicitor, but you won’t be able to make use of professional legal advice. You will benefit from having experience in dealing with claims against the Ministry of Defence. This is why we recommend that you use a firm of solicitors with enough experience with a proven track record of successful military deafness cases.
Will making a claim impact my career?Claiming deafness won’t impact your career. The Ministry of Defence understands that their service personnel have to work in dangerous conditions, and they recognise and respect the individual’s right to bring a legal claim for injuries. Claiming also won’t affect your entitlement to a pension.
Don’t Delay. Check Now.
Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Starting a claim only takes 5 minutes, so why not do it now?