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YOU MAY HAVE A CLAIM FOR COMPENSATION

Industrial Deafness Claims

If you suffer from deafness caused by working with loud noises, 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.

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Overview of industrial deafness claims

An industrial deafness claim is a claim an employee makes when they want compensation for their hearing loss external link icon light blue caused by exposure to loud noise in the workplace. This claim can be made against an employer if the employer has failed to take the necessary steps to protect their employees from excessive noise levels. Employers have a legal duty of care to provide a safe working environment, and this includes taking measures to prevent hearing loss.

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 external link icon white 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.

Did you know?

Your work history records can be used as evidence for your claim. When you are in the process of filing a claim, you can use notes from your employer, schedules and even your contract to show negligence on the company’s behalf.

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.

Key Facts

The pay-out for mild hearing loss and tinnitus can be anywhere from £5,980 to £38,850 external link icon white whilst it can raise to over £75,000 for more severe cases. You will need to be specific about your acquired complications so that the payment is fair to everyone involved in the case.

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.

Did you know?

Whilst you are most likely to file a claim for industrial deafness if you are a builder or other kind of manual labourer, industrial deafness can still happen in a range of different professions, including in offices.

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.

Key Facts

There are several different types of hearing damage that you can claim for, including temporary hearing loss, acoustic trauma, permanent hearing loss and tinnitus.

How long do claims for industrial deafness usually take?

The duration of industrial deafness claims can vary widely, depending on factors such as the complexity of the case, the amount of evidence required, and the speed at which the legal process moves. In some cases, claims may be settled relatively quickly, while in others, it may take several years to reach a resolution.

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.

Legal Advice

If the employer disputes the claim or does not respond, seek legal representation and initiate legal proceedings.

Negotiation

Engaging in negotiations or court proceedings to reach a settlement or decision on compensation.

When starting a claims process, it can be hard to know which legal team to pair with and which legal team will provide you with the best support. If you’d like guidance during an industrial deafness claims process, get in touch with the expert team at Claims Bible today.

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.

Can I make a claim if I am no longer working for the employer responsible for my hearing loss?

Yes, although it’s worth bearing in mind that you may find it harder to accumulate the necessary documentation if you no longer work for the employer you believe is responsible, so starting a claim as soon as possible is wise.

For more common questions, please refer to the specific claim pages or read our general FAQs page.