No Win, No FeeThe idea of claiming compensation for industrial deafness may appear challenging on the surface for many people. This is because it can take decades for the effects of long-term exposure to excessive noise to present itself in the form of industrial deafness. However, your employer has a duty of care to try and reduce the risk of workplace hearing loss. If they don’t, and you are diagnosed with occupational or industrial deafness because of their negligence, you could be entitled to compensation.
Our guide on industrial deafness claims aims to show you when a claim might be possible and what a compensation payment could cover.
Would you like to talk to us about an industrial deafness claim right now? If so, please call us on 0800 652 1345 today. Alternatively, please carry on reading to learn more about workplace hearing loss claims.
Am I Entitled to Compensation for Industrial Deafness?
Our solicitors will always try to verify that your claim has a realistic chance of success before taking it on. That means they will check whether:
- Your employer breached their duty of care toward your well-being; because
- They were negligent in some way; and
- You have been diagnosed with industrial deafness as a result of their negligence.
Several laws can be used to establish a legal duty of care including the Health and Safety at Work Act 1974 and/or the Control of Noise at Work Regulations 2005. Your solicitor will assess which law applies so you won’t need to be too concerned about this. However, you could improve your chances of winning your case by collecting supporting evidence. We’ll explain more about this later on in this guide.
Common Examples of Industrial Deafness Claims
As explained above, you could claim compensation against your employer for hearing loss if their negligence has caused your hearing to suffer. Common examples include:
- Failure to provide ear protection: Not supplying proper protective equipment, such as ear defenders, in areas where noise levels exceeded safe limits.
- Use of noisy machinery: Failing to consider using quieter equipment or machinery to reduce workplace noise.
- Lack of soundproofing: Not installing soundproofing measures in noisy environments to protect workers.
- Prolonged exposure to noise: Failing to vary job roles or shift patterns, leaving workers exposed to loud noise for extended periods without relief.
- Inadequate rest breaks: Not allowing regular breaks in quiet areas to give workers respite from high noise levels.
- Failure to monitor noise levels: Not conducting regular checks or assessments of workplace noise to ensure compliance with safety standards.
Industrial deafness can cause permanent damage, including tinnitus or total hearing loss, significantly affecting quality of life. If your hearing has been damaged due to workplace conditions, one of our workplace solicitors could help you to claim compensation.
What Evidence Do I Need for an Industrial Deafness Claim?
Usually, when you start a compensation claim against your employer for industrial deafness, it will be forwarded to their insurance company. By default, the insurer is likely to deny all liability for your hearing loss. As a result, if you can’t present clear and concise proof of why your employer was to blame, you might be refused compensation. The following forms of evidence could all help you to win your claim:
- Details of your employment history: Your solicitor will use this to examine which employer and role could’ve caused your loss of hearing.
- Medical evidence: Details of any appointments with your GP could be requested to help confirm your diagnosis. If you were referred to a hearing specialist, their reports could also be obtained.
- Correspondence with your employer: If you complained to your employer in writing (emails, letters, text messages etc), you should give a copy to your solicitor. Also, you should provide any responses you received about the matter.
- Occupational health records: In some cases, reports from an occupational health specialist could be used to show your working conditions (if one was requested). Your employer may also be asked to provide specialist reports to confirm they’d carried out noise level checks during your employment.
- Witness details: Finally, your colleagues may be asked to provide a statement about working conditions. For this reason, you should check that they are happy for you to give their contact details to your solicitor.
Don’t worry if you don’t have everything to hand already. During the industrial deafness claims process, your solicitor will help you to collect any proof that they think might improve your chances of being compensated.
What Is the Time Limit to Make an Industrial Deafness Claim?
In the UK, personal injury claims, including industrial deafness claims, have a 3-year limitation period under the Limitation Act 1980. However, for industrial deafness claims, the time limit begins from the date you were diagnosed with hearing loss and became aware that it was caused by your working environment.
While 3 years might seem like a long time, we recommend starting your claim as soon as possible. Early action allows more time to gather evidence, arrange medical assessments, and complete other required tasks. Delaying your claim could mean there isn’t enough time to prepare thoroughly.
Please contact us if you’d like to check how long you have to start your claim.
How Much Compensation for Hearing Loss Can I Claim?
The idea of any compensation awarded for hearing loss suffered due to your working environment is to help with your recovery (where possible) and to cover any costs you’ve incurred. Usually, two heads of loss are used:
- General damages. To cover any loss of amenity and any suffering.
- Special damages. To recoup any expenses or costs associated with your injuries.
See our page on what general damages and special damages are.
We can’t say how much you might be awarded until a solicitor has collected all of the necessary evidence. However, in general terms, you could be compensated for:
- The physical effects of your hearing loss.
- Any psychological injuries caused by industrial deafness such as depression or anxiety.
- The impact your hearing loss at work has on your hobbies.
- Any impact on your family life or social activities.
- Care costs if you’ve needed support from others.
- Any medical costs including, in some cases, private medical treatment.
- Travel expenses associated with your treatment or the claims process.
- Loss of income.
- Future loss of earnings where your hearing problems mean your ability to work will be reduced in the long term.
- In some cases, enhanced hearing aids might be paid for by the defendant if they’ll offer you a better quality of life than those provided by the NHS.
All of these aspects should be considered before you file an industrial deafness claim as you cannot request an additional payment once you have settled. If you work with a personal injury lawyer, they will use their experience to try and make sure everything is included. If your case is accepted by one of our solicitors, they’ll always attempt to secure the maximum level of compensation for you.
Will I Need a Solicitor to Claim Industrial Deafness Compensation?
Proving liability in an industrial deafness claim can be complex and time-consuming. We believe you’ll have a better chance of being compensated with the help of a personal injury solicitor. Their experience could be the difference between winning or losing your case.
Don’t be put off by the cost of having a solicitor represent you though as ours offer a No Win, No Fee service for any case they take on. That means that you:
- Won’t need to pay your solicitor upfront for their work.
- Won’t pay them if the claim fails.
- Will pay a success fee to cover your solicitor’s work if you receive a compensation payment.
If your case is accepted, your solicitor will:
- Consult with you to learn how your hearing has been affected.
- Collect evidence and medical reports to support your case.
- File the claim with the defendant and deal with all communication so you won’t be expected to answer any technical questions.
- Try to counter any objections raised by providing further evidence.
- Liaise with you to review the suitability of any settlement offers.
If you decide to proceed, you’ll be sent a Conditional Fee Agreement (CFA) to explain what work your solicitor will do for you. Once signed, work should begin on your claim right away.
To find out if one of our No Win, No Fee solicitors could help you to claim, please call today.
Industrial Deafness Claims Frequently Asked Questions
How Long Will a Claim Typically Take?
If your employer accepts that they were responsible for your hearing loss quickly, you could receive a compensation award within around 9 months. Where more time is required to establish the extent of your hearing problems or where negotiation over liability is needed, the claims process can take longer.
Will I Be Sacked for Claiming Compensation?
Some people delay claiming compensation from their employer because they worry they’ll be disciplined or even sacked. This is not something you should worry about as employment laws mean you cannot be treated any differently for suing your employer (so long as the claim is honest). If action were to be taken against you, a separate legal claim could be made for constructive or unfair dismissal.
What Happens If a Previous Employer Is Responsible for My Hearing Loss?
Hearing loss is often diagnosed later in life, making it common for the cause to be traced back to a previous employer. If a specialist determines that your hearing problems were caused by unsafe working conditions at a past job, you may still be entitled to compensation.
As such, you could file a claim against your previous employer’s employer’s liability insurance, even if the company is no longer in business. The key is to start your claim within 3 years of your diagnosis or the date you became aware that your hearing loss was work-related.
How Will My Solicitor Determine the Extent of My Hearing Loss?
As part of the claims process, you will need to see an independent medical assessment so that they can assess your hearing loss. You needn’t be too concerned about this as the appointment won’t take long and your solicitor can usually book your meeting locally. Once the specialist has completed their assessment, a report will be filed to explain your prognosis.
Start an Industrial Deafness Compensation Claim Today
If you or a loved one have been affected by industrial deafness, we could help you to take action. Simply call 0800 652 1345 today and we’ll start the ball rolling.
To start, we’ll review the merits of your claim with you. You’ll be given free advice about your options and we could connect you with a specialist solicitor from our panel if the case is strong enough. If your claim is taken on, they’ll represent you on a No Win, No Fee basis.
You’ve reached the end of our industrial deafness claims guide but please feel free to contact us if you have any further questions.
