No Win, No FeeMany people work in inherently noisy industries, which can lead to hearing damage over time. To prevent noise-induced hearing loss (NIHL), employers must take steps to reduce the risks of long-term noise exposure. If they fail to do so and you are diagnosed with NIHL, you may be entitled to compensation by filing a noise-induced hearing loss claim against them.
Our team of specialists can help if you have any questions about the NIHL claims process. When you get in touch, your claim will be reviewed on a no-obligation basis. During your initial consultation, you’ll receive advice on your options along with free legal advice. Should your claim be suitable, you’ll be connected with one of our personal injury solicitors. If they decide to represent you during a compensation claim, they’ll act on your behalf on a No Win, No Fee basis. As a result, you will only need to pay for their work if you receive a compensation payout.
Are you looking to start an NIHL compensation claim straight away? If so, call us today on 0800 652 1345.
Am I Entitled to Compensation for NIHL?
Establishing liability for a noise-induced hearing loss claim can be complex. Our solicitors will only take on your claim if they believe there is a reasonable chance you’ll be compensated. To check this, they’ll try to verify whether:
- Your employer breached their duty of care towards your welfare; by
- Being negligent through their actions or lack of action; and
- Your hearing has been damaged as a direct result of their negligence.
In most cases, claims will be handled by the firm’s insurance provider. That means you’ll need to provide enough proof to demonstrate how your hearing has been damaged and the extent of the problems it’s caused you.
Our solicitors specialise in workplace injury and industrial deafness claims and could help you. In most cases, noise-induced hearing loss compensation claims can be settled amicably without the need for a court hearing. Please get in touch today to see if you could be compensated for your work-related hearing loss.
Common Examples of Noise-Induced Hearing Loss Claims
Noise-induced hearing loss claims typically arise when workers are exposed to excessive noise levels due to an employer’s negligence. Some common examples include:
- Prolonged exposure to noisy machinery: Working near industrial equipment, power tools, or factory machines without proper hearing protection can cause gradual hearing loss over time.
- Lack of hearing protection: Employers failing to provide or enforce the use of ear defenders or earplugs in noisy environments can increase the risk of permanent hearing damage.
- Sudden loud noises (acoustic trauma): A single loud explosion, gunshot, or sudden machinery failure can cause instant and irreversible hearing damage.
- Failure to conduct noise assessments: Employers must measure workplace noise levels and implement control measures if they exceed legal limits. Neglecting this duty can lead to NIHL claims.
- Loud music at work: If you’ve worked in a nightclub, bar, or concert venue for years without being provided ear protection.
- Repetitive exposure to impact noises: Jobs involving frequent hammering, metalwork, or construction can result in progressive hearing loss if noise levels are not managed properly.
If you’re experiencing hearing issues from excessive noise at work, please contact us if you’d like to discuss your options.
What Types of Hearing Loss Can I Claim For?
Noise-induced hearing loss can be mild, moderate, or severe. In some cases, it may worsen over time, affecting your ability to work, social life, and quality of life. Some common types of hearing loss issues that could lead to a claim include:
- Partial or full hearing loss.
- Tinnitus.
- Muffled hearing.
- Acoustic trauma.
- Hyperacusis.
If your claim is handled by a solicitor from our panel, they’ll work to secure the maximum compensation possible to account for your suffering, hearing aids, and any other support you need. Please get in touch for a free claim consultation.
What Evidence Do I Need for an NIHL Claim?
During your claim, you’ll need to provide proof to help confirm how your hearing loss was caused by your employment. There’s no exact science to this process but it could involve any of the following:
- Videos of your workplace: If you’re still employed by the company you’re claiming against, a video on your phone could go some way to proving the noisy conditions in which you have to work in.
- Witness information: To help corroborate your version of events, your solicitor might want to take statements from colleagues about shift patterns, noise levels and other work-related information. Additionally, friends and family might be asked to describe how you’ve changed because of your work-related hearing loss.
- Medical information: To proceed with a noise-induced hearing claim, a medical diagnosis is needed. As such, you should visit your GP so that they can assess your hearing if you haven’t already. They are likely to ask you about your work history and may refer you for additional tests elsewhere. Any medical reports could be used to help prove the severity of your hearing problems.
- Correspondence: If you’ve raised concerns with your employer about workplace noise levels, any emails, letters or text messages could be used as proof. Similarly, if you have a copy of an occupational health report, this could be used as well.
- A diary: You may also wish to keep a record of how you’ve been affected since your hearing loss was diagnosed. This could include a record of any events that were ruined or the days you could not attend work. Also, it’s a good idea to keep any receipts for any expenses you’ve incurred as well.
If you call to discuss your NIHL claim with our specialists, they’ll consider any proof you’ve got to help determine whether you could be compensated. Please get in touch today if you’re ready to begin your claim.
What Is the Time Limit to Make a Noise-Induced Hearing Loss Claim?
As with most personal injury claims, you generally have three years to make a noise-induced hearing loss claim. However, because hearing damage often develops gradually, the time limit usually starts from the “date of knowledge” (the point when you first became aware that your hearing loss was linked to your job). This is often the date of diagnosis by a doctor or audiologist.
We recommend starting your claim as soon as possible so your solicitor has enough time to gather evidence to support your case. Acting early can also make it easier to recall the impact of your hearing loss on your daily life.
How Much Compensation for NIHL Can I Claim?
When you make a noise-induced hearing loss claim, unfortunately, you can’t simply pluck a settlement amount out of the air. Instead, you’ll look at the suffering you’ve endured because of your hearing loss (general damages) and any associated costs (special damages).
If you call for your case to be reviewed by one of our specialists, they’ll explain what you could be compensated for. Generally, though, compensation for work-related hearing loss or NIHL claims can cover:
- The physical suffering your hearing loss has caused.
- Any psychiatric harm you’ve suffered such as depression or anxiety.
- Care costs if someone has had to support you with daily tasks because of your hearing loss.
- Travel and medical expenses linked to your NIHL.
- The costs of devices or aids that might reduce the impact of your symptoms.
Can I Claim for Loss of Earnings Due to NIHL?
If your income is reduced because of your hearing loss, you could seek compensation for any lost earnings, overtime, bonuses or commission. Additionally, if your ability to work is reduced for the long term because of NIHL, future loss of earnings could also be covered by any compensation you receive.
Will I Need a Solicitor to Claim NIHL Compensation?
Proving that your hearing problems are work-related can be quite a difficult task. As such, while it’s possible to file an NIHL claim on your own, you may wish to seek advice from a specialist solicitor first. If you take on legal representation, your solicitor could manage your claim from start to finish and fight your corner if any objections are raised by your employer. This could improve your chances of being compensated and should make the claims process much easier for you.
If the thought of paying a solicitor and then losing the claim is a concern, we can help. That’s because our panel of solicitors offer a No Win, No Fee service for any work-related hearing loss claim they agree to work on.
As a result, you only need to pay for your solicitor’s work if you are awarded compensation. Full details of your solicitor’s service will be explained in a Conditional Fee Agreement (CFA). This is a contract you’ll both sign before work begins on your claim.
Should your claim be won, your solicitor will deduct a percentage of your compensation as a success fee. This is used to cover their costs and their time. You don’t pay the success fee if your claim fails. Legally, you can’t be asked to pay more than 25% of your compensation as a success fee when using a CFA.
Frequently Asked Questions
Will My Employer Sack Me for Starting a Claim?
While many noise-induced hearing loss claims are made against old employers, you may be in the position of claiming against the company you currently work for. You should not be put off by the prospect of being sacked or discriminated against for claiming though.
It is illegal for your employer to demote you, sack you, treat you differently or prevent you from being promoted because you’ve decided to take action against them. Legally, you could claim constructive or unfair dismissal if you were disciplined in any way after making a legitimate claim.
How Will My Solicitor Determine the Extent of My Hearing Loss?
As part of an NIHL compensation claim, you will likely need to undergo an independent medical assessment to determine the extent of your hearing loss. This will be carried out by an independent audiologist or ENT specialist. Your solicitor will typically look to arrange an assessment at a local clinic.
After testing, the specialist will discuss how NIHL affects your daily life before preparing a report for your solicitor. This report will outline your level of impairment, prognosis, and whether your condition was likely caused by workplace noise exposure.
How Long Is My Claim Likely to Take?
We can’t say exactly how long your claim will take to be completed as each case is different. For straightforward cases where your employer has admitted liability, you could be compensated within 9-months. However, if liability or the extent of your hearing problems is disputed, claims can take more than a year.
Start a Noise-Induced Hearing Loss Compensation Claim Today
If you would like to begin an NIHL claim for yourself or a loved one today, the simplest way to start is by calling our advice centre on 0800 652 1345. Your call is free and there’s no obligation to proceed. Whatever you decide to do, you’ll be given free legal advice and an explanation of any options you might have.
Please let us know via live chat if you have any extra questions about noise-induced hearing loss claims and thanks for visiting.
