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Claims for Industrial Deafness and Tinnitus
(Industrial Deafness is also known as Occupational Deafness or Noise Induced Hearing Loss)
Compensation claims for Industrial Deafness and Tinnitus
Over 170,000 people in the UK have been affected by noise-related hearing problems including tinnitus, whilst many more, around 1.1 million, are thought to be at risk of developing hearing problems resulting from a very noisy workplace.
The central point is that all employers have a duty of care whilst you are at the workplace to protect your well being. More specifically, under the Noise at Work Regulations 2005, employers have a legal responsibility to ensure that their employees' hearing is not damaged by a noisy workplace.
Consequently, if your employer fails in their duty of care and that results in your hearing being impaired, then you have grounds to claim for compensation. And that's exactly when Claims Justice can help.
Causes of Industrial Deafness
An employer which operates noisy machinery or otherwise creates loud noise, can expose their employees to the danger of industrial deafness. One obvious example would be nightclubs playing very loud music for long periods can cause deafness to their bar staff or other employees. At between 95 to 120 decibels, the noise in a nightclub is similar to that of a pneumatic drill and that's eight times higher than the level requiring ear protection under Health and Safety Regulations).
All employers are therefore obliged to undertake a full risk assessment and provide earplugs or protective headsets to staff whose hearing is in danger. Other occupations where workers can be at risk of industrial deafness are where noisy machinery is regularly used (for example, weaving machinery), military services where members are exposed to loud explosions and those who are regularly be exposed to loud noise such airport workers or those in train stations. The risk of suffering from industrial deafness depends on both level of the noise and the length of time the employee is exposed to the noise. As a guide, if an employee has to raise their voice in order to speak to a colleague two metres away, then they are at risk of developing some form of industrial deafness.
There are four main types of noise-related hearing difficulty which are explained below:
- Temporary hearing loss
- Permanent hearing loss
- Acoustic trauma
- Tinnitus
Temporary hearing loss
Temporary hearing loss is sometimes known as a "temporary threshold shift" and is commonly experienced after several hours of exposure to noise in excess of 75 or 80 dB. Most of the temporary hearing loss occurs during the first two hours of exposure to that noise and does not deteriorate further in the following hours. Sometimes the sufferer will find that sounds seem dull or muffled and they may have to turn the volume up to compensate. However, hearing will return to normal after a short while (up to 14 hours) in a relatively quiet environment.
If the exposure to the noise continues over months or years and their hearing is not allowed to fully recover before repeated exposure, then the hearing loss may become irreversible.
Permanent hearing loss
Permanent hearing loss, or "permanent threshold shift", is usually a slow process that occurs within the first 10 years of exposure in a noisy workplace.
There is a variety of hearing injuries that can occur within the ear as a result of loud noise. Essentially, the hair cells in the inner ear deteriorate and fail to regenerate and this can result in a reduced ability to register some sound frequencies. Difficulty in hearing higher frequencies such as women and children's voices, can be the first signs of permanent hearing loss, as higher frequencies are the earliest to be lost. The added problem is that by the time this loss is noticed, the damage has already occurred and is irreversible.
Acoustic trauma
Acoustic trauma occurs as a result of a very loud noise or several very loud noises, taking place over a short period of time. For example, after hearing an explosion at work, or gunfire at very close range without ear protection. This type of hearing loss is usually a "sensor neural hearing loss", which means that the loss either affects the sense organ of hearing or the neural pathways that lead to this organ. Unfortunately, in most cases the loss is irreversible. In addition to the loss of hearing, severe acoustic trauma can cause serious damage to physical structures in the ear, causing injuries such as a perforated eardrum.
Tinnitus
Tinnitus is a condition which causes continuous noises in the ears. These noises can sound like ringing, hissing, buzzing, whistling or roaring. The condition can occur suddenly or over a period of time and while some cases of tinnitus are permanent, we're please to report that some are temporary.
When tinnitus is related to industrial deafness (but it can also be the result of other medical conditions) it can be one of the first signs that the ear has been seriously damaged and is often a pre-cursor to permanent hearing loss.
Claiming compensation for industrial deafness
If you think you have noise-related hearing problem that's resulted from your working environment, you may well be entitled to industrial deafness compensation.
The panel of personal injury solicitors at Claims Justice are experts in industrial deafness claims and have helped many people to get the compensation that can make such a real difference to their lives. And the skill and dedication of our solicitors can be seen in an excellent success rate.Please remember that Claims Justice operate a No Win No Fee policy and this means that you are completely protected from legal costs at all times. No deductions will be made from any compensation awarded to you. If you believe you have a strong case for an industrial deafness claim and wish to claim compensation, simply complete the online enquiry form. A Claims Adviser will then phone you from Claims Justice. (If your impairment makes it difficult to use a phone we will make special arrangements for you.)
The Claims Adviser will chat through the circumstances of your injury and give you an idea of whether your claim is likely to succeed and provide a general indication of the level of compensation you could expect if your claim was successful. Then if you wish to proceed, your Adviser will hand your case to a specialised solicitor on their panel who will contact you and get your case underway.
So if you think you are eligible to make an industrial deafness claim , complete the online enquiry claim form right now.
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Access 2 Justice is also regulated by the Ministry of Justice in respect of regulated claims management activities and their reference number is CRM3433.
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