Claims for deafness and hearing loss are normally associated with employees who work with loud machinery for long periods of time in industrial workplaces such as factories and building sites.
If you have suffered deafness or hearing loss and feel this is due to unsafe and unsatisfactory working conditions either in your current employment of from a previous job it will need to be established that the employer was negligent and responsible for failing to provide sufficient ear protection for any claim for compensation to be successful.
As they grow older and develop hearing problems many people wrongly accept that this is just part and parcel of growing old and in particular if they have spent many years working in a noisy environment that their hearing problems are not something that they can make a claim against their present or previous employer for.
Are my employers responsible for my hearing loss?
Mainly due to enforced health and safety regulations, The Control of Noise at Work Regulations 2005 and to avoid claims for industrial hearing loss and deafness being made against them, many employers now provide the necessary equipment to prevent injury to their employees.
If you feel that you are not being provided with adequate hearing protection and are being subjected to continual and excessive noise in your workplace and as a result you have developed hearing problems, then there is a strong possibility that your working conditions are affecting your hearing.
If this is the case then your employers could be negligent in their duty of care owed to you and in turn you would be entitled to make a compensation claim for deafness or hearing loss.
What are the time limits to make a claim?
Hearing loss and deafness is normally suffered over a period of time and is not always noticed to any degree.
If you work in a noisy environment, even if you do not feel there is anything wrong with your hearing it is advisable to have hearing tests carried out on a regular basis in order to detect any damage at an early stage.
It is important to note that you only have three years from the ‘date of knowledge’ in which to claim for injury. The date of knowledge is when you first become aware there is damage to your hearing. This may be weeks, months or even years after you worked in the particular environment that caused the hearing loss or deafness. As long as you can show that the injury was caused by the negligence of your employer, be that present or past employers you may be able to successfully claim compensation against their insurance.
It is usual these days for employers to have regular hearing test carried out. If it is found that your hearing has deteriorated following a hearing test and your employer has failed to provide you with protective equipment then action should be taken to prevent yours and possibly your colleagues hearing becoming further affected.
You should ensure that you have been provided with the necessary protection required and if not, request that it is supplied for future use.
Many claims that are made in relation to industrial hearing loss and deafness are from elderly people who have retired some time ago. Other potential claims are from people who have known about problems with their hearing but have done nothing about it.
If you have been aware that your hearing was damaged by someone else’s negligence and have known about the situation for over three years then unfortunately you would be outside the time limits to make a claim.
How to Claim Compensation for Industrial Deafness and Hearing Loss
Claiming compensation for hearing loss and deafness is best left for a specialist solicitor to deal with. At Injury Claims Assistance we have specialist injury solicitors with years of experience handling hearing loss and deafness claims.
When you contact us you will be able to speak directly to a solicitor for free advice and a no obligation assessment of your claim.
Rest assured, if you do have a claim we will handle every aspect of it from start to finish on a ‘No Win No Fee’ basis so there won’t be any cost to you