Noise Induced Hearing Loss
If you have worked in a noisy environment in the past and currently are experiencing problems with your hearing you may have a claim for noise induced hearing loss.
Excessive noise exposure over time can cause damage to hairs inside the inner ear, the symptoms of which often do not appear until years after exposure. As a result of this, many people believe that their hearing loss is solely caused as a result of age, when in reality their hearing could have been damaged by the excessive noise levels in their workplace experienced years earlier.
Common industries in which people were exposed to excessive noise include:
• Mining;
• Manufacturing;
• Engineering;
• Road Drilling.
It is important to note that you can still claim even if your previous employer or employers are no longer trading. This is due to compensation being payable by the people who insured your previous employers at the time of your employment.
Since 1962 employers have had a duty to protect their employees from excessive noise by either altering their working environment or providing personal hearing protection. Following the Noise at Work Act 1989 this duty has been extended for employers to have to monitor and enforce hearing protection when employees are exposed to excessive noise.
In order to make a successful claim for noise induced hearing loss you need to prove that your employer breached their duty in exposing you to excessive noise levels (these being noise levels over 90dB prior to 1989 and over 85dB post 1989) and failed to provide you with protection or warnings of the risk of noise exposure.
Should it be established that your employer breached their duty in exposing you to excessive noise levels, you then need to show that that damage to your hearing is as a result of your industrial noise exposure. This can be established by undergoing a hearing test, or audiogram, in which your ability to hear different frequency sounds is judged. From this hearing test, values are plotted and it is analysed whether your hearing loss appears to demonstrate the properties expected of those people exposed to noise.
Should you have a successful claim for noise induced hearing loss you are entitled to claim damages from your previously employer or likely their insurers. The level of damages varies on the severity of your hearing loss however a rough estimate for the likely award is:
• Mild Tinnitus or Hearing Loss – between £3,000 to £7,000;
• Moderate Tinnitus or Hearing Loss – between £7,000 to £10,000;
• Severe Tinnitus or Hearing Loss – between £10,000 to £20,000.
Should you believe yourself to be affected please contact our specialist litigation team who will be able to assist with your potential claim.