Industrial Deafness Claims

What are the criteria needed to qualify for an industrial deafness claim?

To qualify for an industrial deafness claim, an employee must have worked in an environment where they were exposed to high levels of noise. This noise exposure must have been a direct cause of their hearing loss. Furthermore, the employee must have been exposed to the noise for a prolonged period, typically for several years. The level of noise that the employee was exposed to must also have been above the legal limit.

What is the legal argument for the claim?

The legal argument for an industrial deafness claim is that the employer has failed to fulfil their duty of care to provide a safe working environment. The employer must take reasonable steps to protect their employees from the hazards of the workplace, and this includes preventing excessive noise exposure.

Under UK law, there are regulations in place to protect employees from noise exposure. The Control of Noise at Work Regulations 2005 states that employers must assess and control the risks associated with noise exposure in the workplace. Employers must also provide hearing protection to employees who are exposed to high levels of noise.

What is the evidence needed to support an industrial deafness claim?

The first piece of evidence you will need is a diagnosis from a qualified medical professional. This diagnosis should clearly state that your hearing loss is due to exposure to noise in the workplace.

You will also need to provide evidence that your employer failed to take adequate steps to protect you from excessive noise levels. This may include records of noise measurements taken in the workplace, as well as evidence of any safety procedures or equipment that were provided.

In addition, you may need to provide witness statements from colleagues who can confirm that the noise levels in the workplace were excessive and that you were not provided with adequate protection.

Overall, the key to a successful industrial deafness claim is to provide clear and compelling evidence that demonstrates the link between your hearing loss and your workplace environment.
If you’d like more specific guidance on collecting evidence and how to find legal representation for industrial deafness claims, get in touch with Claims Bible today.

A guide to compensation amounts

The amount of compensation awarded for industrial deafness claims varies depending on the severity of the condition and the extent of hearing loss. Compensation amounts are typically split into two categories, general damages and special damages.

General damages refer to the pain and suffering experienced by the claimant due to the hearing loss. The amount of general damages awarded depends on the severity of the hearing loss, the age of the claimant and the impact the condition has on their quality of life.

Special damages refer to the financial losses incurred by the claimant due to their hearing loss. These may include loss of earnings, medical expenses and travel costs. The amount of special damages awarded depends on the claimant’s financial losses and the impact their hearing loss has had on their ability to work.

In the UK, the average compensation payout for industrial deafness can vary significantly depending on the individual case.

What is the claim process?

The process for making an industrial deafness claim typically involves several steps, including:

Evidence

Gathering evidence of your condition and the circumstances that led to it.

Medical Assessment

Seeking a medical diagnosis and assessment of your hearing loss.

Making a Claim

Making a claim to your employer or former employer, outlining the details of your hearing loss and requesting compensation.

Common questions

What are the time limits for making a claim?

Like other industrial health claims, your hearing loss might not start straight away, but the time limit to claim is usually three years. It is often advised to make a claim as soon as possible, however, to ensure you can easily collect evidence.