UK INDUSTRIAL DEAFNESS CLAIM ADVICE

Workers at special risk of hearing damage are usually those in heavy productive industry, such as drilling and quarrying, metal work, stone cutting or the use of noisy machinery including printing, wood cutting, transportation and agriculture.

Very high levels of noise may cause damage after relatively short periods, even when the noise is intermittent. The first symptom of noise-induced hearing loss is usually difficulty hearing a conversation against a noisy background. Often there is an intermittent high-pitched ringing in the ears.

The Noise at Work Regulations 1989 require that the employer is under a duty to reduce the risk of noise damage to the lowest level reasonably practicable by muffling the noise or reducing the period of time spent in a noisy environment. If a worker suffers hearing loss as a result of the employer failing to take reasonable precautions then the employee can make application for an industrial deafness claim settlement.

Where exposure to noise is likely to be between 85 dBA and 90 dBA hearing protection should be provided if requested by the employee. The employer must provide employees with hearing protection where exposure is likely to be greater than 90dBA, whether or not a request has been made. Areas exceeding 90dBA must be identified and marked as ear protection zones and as areas in which ear protection must be worn. Employers are under a duty to ensure that ear protection is worn in these areas even when faced by a refusal from an employee. If an employer is not vigilant in enforcing the regulations and an employee suffers hearing loss, due to their own neglect to wear ear protection, then that employee can still make an application for an industrial deafness claim settlement.

Employers should undertake an assessment of noise exposure and ensure that employees have tools and equipment which generate a lower level of noise, segregation and insulation and personal protection such as ear muffs and ear plugs.

Deafness may be caused by factors other than exposure to noise in the workplace. A lawyer can arrange for you to have a medico-legal assessment to determine the nature of your hearing loss and to establish whether or not a claim against an employer or previous employers will succeed.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹