Industrial Deafness Claims
Industrial Deafness is quite simply a loss of hearing that has been caused by noise in the place that a person is working. The damage that is caused by this excessive noise can be temporary or permanent hearing loss or other symptoms such as tinnitus.
What Responsibility does my employer have to keep noise down?
Any employer must comply with the The Control of Noise at Work Regulations 2005. This is a detailed law giving instructions to employers as to how to protect workers in different workplace situations
To give a simple example if you work in a job such as construction engineering or a foundry there will inevitably be a higher noise level than work in an office- and hence there are more detailed instructions on the need for hearing protection to be provided as standard work equipment.
However, whichever job you are in the key noise level is 80 decibels- meaning if there is a consistent level of noise above this an employer needs to either lower the noise levels or provide hearing protection.
What do I Do If I think I have suffered Deafness caused by my Workplace?
If you suspect that your hearing is being affected or has been damaged by your workplace you should get legal advice on whether to bring a claim.
The first thing your Solicitor will do is set up a hearing test to establish that you are in fact suffering from a recognised deafness condition or tinnitus. This will then need to be further clarified by a more detailed report that can establish that it is likely that the cause of the hearing loss was your workplace conditions.
Your Solicitor will then seek evidence that the hearing injury was in fact caused by the work situation. This may involve obtaining evidence from the workplace and other employees there about the conditions and general level of noise and hearing protection.
It may be that the workplace has been inspected and found to be in breach of the Noise at Work Regulations. If that has occurred they may be prosecuted and fined. If this has happened then if will be much easier for a person wishing to claim compensation to show that the employer was the cause of their deafness.
How Soon Do I need to Bring a Claim After I realise I am suffering from Industrial Deafness
It is vital that you get legal advice as soon as you become aware that your hearing problem may have been caused by your workplace. There are strict time limits for bringing a claim which need to be considered by your Solicitor at your first interview.
What Do I do Next?
If you believe that you may have suffered from Industrial Deafness you should contact us as soon as possible as delays may affect your claim