What Evidence is Needed for a Hearing Loss Claim?

Author:
Paul Currie
Partner, Personal Injury Solicitor
Date:
15/08/2019

In order to get compensation for work-related hearing loss, you must prove you were exposed to a dangerously high volume of noise at work and that your employer didn’t do enough to protect you from risk.

Our Industrial Disease Solicitors have years of experience helping claimants prove that their working conditions directly contributed to their hearing loss. For free initial legal advice, get in touch with our team so we can assess your case. Ask if we can deal with your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Did Exposure to Loud Noise at Work Cause Hearing Loss?

In order to establish liability (fault), our Industrial Disease Solicitors will need to investigate whether you were exposed to a level of noise capable of causing damage to your hearing over a sufficient length of time.

Industrial deafness or tinnitus is often the result of working in a noisy environment over a prolonged period, and people working in industries such as manufacturing, construction, engineering and shipbuilding are susceptible to work-related hearing loss.

However, you don’t have to have had extended exposure to loud noise at work in order to develop industrial hearing loss. Indeed, your hearing could be damaged if you’re exposed to a short burst of high frequency or high intensity sound at work. This is known as acoustic shock and is common amongst engineers who typically wear headsets.

Which Employer is Responsible?

It may be the case that you’ve changed jobs a few times over the years, and even moved into a completely different industry throughout your working life. Our Industrial Disease Solicitors will therefore ask for comprehensive details of your working history, so we can pin down exactly when you were likely to have been exposed to dangerously loud noises.

Were You Provided with Hearing Protection?

Once we’ve identified the likely time you were exposed to excessive noise, we can take a detailed look at the safety procedures and working methods that were in place at the time.

Did your employer provide you with hearing protection? Were working processes designed in a way to limit your exposure to loud noises? Establishing these details will be crucial in helping us determine whether your employer should have done more to protect you from loud noises in the workplace and if they were negligent.

Is Your Hearing Loss Definitely Work-Related?

If we take on your claim, our Industrial Disease Solicitors will arrange for you to see a specialist medical consultant, so you can undergo a proper examination. They should be able to confirm whether your hearing loss is the direct result of the working conditions.

Due to the nature of hearing loss, symptoms do not become apparent for many years, which means there may be many other possible causes, such as age-related degeneration. An audiogram carried out by an expert in this field can help us work out which category you fall into and whether your hearing loss is related to your past work history.

When Did You Become Aware of Your Hearing Loss?

Usually with a personal injury claim, you have 3 years from the date of the incident in which to issue a claim at Court. However, working out the date is much more difficult when it concerns work-related hearing loss, as it may be years or even decades before any symptoms start becoming noticeable.

The law therefore entitles you to claim from the date you became aware, or should have become aware, of a hearing problem and that it was linked to your work. It’s therefore worth speaking with a specialist Industrial Disease Solicitor as soon as possible.

With the above information, our Industrial Disease Solicitors can put together a case and approach the employer or their insurer on your behalf seeking compensation for your injury.

For free legal advice call our Industrial Disease Solicitors

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