Compensation for Noise Induced Hearing Loss
If
you have a
hearing loss that has been caused by exposure to high levels of noise
at work then you may be entitled to some benefit.
Traditionaly this has been in the form of a cash settlement, now however it is possible that part of the settlement may cover the lifelong provision of digital aiding.
For those who are seeking the services of a solitor, I strongly recommend Chris Fry of Wake Smith & Tofields Sheffield.
Tinnitus
Advice on Claiming for Noise Induced Tinnitus can be found here.Hearing Loss
Wake Smith & Tofields Occupational Illnesses & Workplace Diseases Team specializes in claims for compensation for Noise Induced Hearing Loss and Acoustic Trauma. The team is accredited by the Association of Personal Injury Lawyers (APIL) and is headed up byIn this article, Chris explains how the costs of digital hearing aids can be recovered by a claim against the insurance cover of the people who were responsible for the hearing loss or tinnitus. Noise Induced Hearing Loss is often unnoticed because its effects are often inseparable from the effects of age, and for that reason many retired workers never even claim for compensation, assuming that because their symptoms have arisen some time after leaving a noisy work place they must be caused by something else. The only way to reliably identify noise damage to hearing is by having a hearing test which will demonstrate a hearing loss which might not otherwise be detected so easily.
As part of your hearing assessment for aiding, Peter Byrom will be able to tell you whether some of your hearing is likely to have been affected by noise. The hearing aid that is recommended to you will be able help in the frequencies which are affected and although a hearing aid cannot restore perfect hearing, modern aids are able to provide a great deal of benefit to the majority of users when they are correctly fitted. In addition to assisting your hearing ability, hearing aids are able to help in alleviating the distress of ringing noises which can sometimes develop and which are known as tinnitus. If you do have Noise Induced Hearing Loss, then our team may be able to help obtain compensation to pay for hearing aids for life. It follows that if an employer is found to have caused some of the hearing damage, then that employer will have to contribute towards the costs of treating it.
Compensation can be awarded by the insurers for the employer who has caused the damage. It is a common misconception that the employer will have to pay compensation itself. In many cases, claims are brought against policies of insurance for companies that closed years earlier. It is usually awarded in a lump sum for the damage caused, together with an additional amount if the problem affects future employment prospects or earnings, and for the costs of obtaining treatment and care. The procedure for claiming is governed by a special Pre-action Protocol for Disease and Illness Claims which sets out a timetable for investigation before court proceedings. If the case is properly prepared at the outset the Civil Procedure Rules allow every opportunity for negotiated settlements without court proceedings. Statistics show that fewer cases result in a Court hearing now than ever before.
A claim need not be a complicated or traumatic process. Under the protocol, an employer’s insurer is expected to provide a response to a claim 3 months after acknowledging receipt of the details, and many claims are compromised after that time.
Is it worth while claiming?
One might assume that a solicitor would always say yes, but here are the reasons that we think it is worth investigating:Time Limits
Time limits set by the Limitation Act 1980 give a person only 3 years from the date from when the hearing loss becomes noticeable enough for somebody to be expected to seek advice or investigate it. It follows that delaying in taking advice regularly prevents a person with tinnitus or hearing loss from their right to compensation for it.It follows that where the costs of hearing aids stand to be recovered in compensation, that action should be taken as quickly as possible.Treatment
Evidence demonstrates that the sooner Tinnitus is treated, the better the results. There are various ways to manage tinnitus which Peter and and also the British Tinnitus Association can advise on comprehensively, some of which are available on the NHS and some of which can come at a cost.We make it our practice to ensure that the costs of hearing aids are included.The Court can award compensation for Pain, Suffering and Loss of Amenity (known as General Damages) for hearing loss together with additional awards for the provision of items of Special Damage such as costs of purchasing, replacing and maintaining digital hearing aids. The following are a list of case reports from Lawtel which show the kinds of awards of compensation recovered for Noise Induced Hearing Loss in recent years. It should be recognised that every case has its own risks and peculiarities which affect the amount of compensation likely to be received and that many cases are compromised before Trial based on a discounted liability.
| SQUIRES v CORUS (2006) | ||
| Total Damages: £15,750 | PSLA: £8,750 (£9,051.27 RPI) | |
| The claimant, a 63-year-old man, was awarded £15,750 on a full liability basis for the hearing loss and mild tinnitus he suffered following exposure to excessive noise at work over a total period of 35 years, 14 of which were in the defendant's employment. Claimant: Male: 59 years old at date of accident; 63 years old at date of award. Occupational
disease, Employers' Liability: Between 1958 to 1968 and 1970 to 1974
the claimant (C) was employed by the defendant (D) in the steel
industry. C was exposed to excessive noise levels from his work in the
shearing shed, the forge, the finishing department and the locomotive
department. Injuries: C suffered from permanent hearing loss and tinnitus as a result of exposure to noise at work. Effects: C's average
noise-induced hearing loss over 1, 2 and 3khz amounted to 28.85dB. C
had difficulty in hearing conversation in a crowded environment and his
ability to hear the telephone was impaired. He also suffered from mild
noise-induced tinnitus, which caused intermittent insomnia. Digital
hearing aids had been recommended by C's medical expert. Whilst these
were available through C's local health authority, C had been on a
waiting list for 18 months at the date of trial. Click here for Inflation Calculator Court Award:
£15,750 total damages. Mr T Rigby
instructed by Colemans-ctts ( LTLPI This Quantum Report was provided courtesy of Lesley Mynett of Colemans-ctts (Manchester), solicitor for the claimant. Document No. AM0201050
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| BARRY JOHN CLARK v TRELLEBORG AUTOMOTIVE (2006) | ||
| Total Damages: £108,500 | PSLA: £15,500 (£16,187.15 RPI) | |
| The claimant, a 57-year-old man, received £108,500 for the permanent hearing loss and tinnitus he suffered following exposure to excessive noise at work between 1973 and 2002. The claimant suffered from reactive depression and experienced a personality change. He was dismissed from his job and had to find alternative employment. Claimant: Male: 57 years old at date of accident. Employers'
Liability: Between 1973 and 2002, the claimant (C) was employed by the
defendant (D) as a factory worker making car components. C was exposed
to excessive noise from shot blasting, hand spraying, metal tins
clattering and general factory and machine shop noise. Injuries: C suffered from permanent hearing loss and tinnitus as a result of exposure to noise at work. Effects: C was dismissed
from his job and found it difficult to obtain alternative work. He
eventually took a part-time cleaning job. Click here for Inflation Calculator Out of Court
Settlement: £108,500 total damages. Bond Pearce LLP ( LTLPI This Quantum Report was provided courtesy of Jacqui Smoker of Bond Pearce LLP (Exeter), solicitor for the claimant. Document No. AM0201039
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| DAVID HOLLAND v HOECHST TRESPAPHAN (2001) | |||
| Total Damages: £24,652 | PSLA: £12,500 (£15,047.91 RPI) | ||
| The claimant, a 52-year-old man, received £24,652.17 for the severe bilateral hearing damage sustained during the course of his employment with the defendant between 1973 and 1997. The claimant suffered from constant tinnitus, and would require digital hearing aids in both ears for the remainder of his life. Claimant: Male, between 24 and 48 years old during exposure; 52 years old at date of award. Occupational
Disease/Employers' Liability: Between 1973 and 1997 the claimant was
employed by the defendant at a factory with heavy machinery. During his
employment, the claimant was exposed to high noise levels, causing him
injury. Injuries: The claimant sustained bilateral hearing loss and tinnitus during his employment. Effects: The claimant
suffered from an average hearing loss at 1,2 and 3kHz of 30 decibels in
his left ear and 32.33 decibels in his right ear. He also suffered from
tinnitus at 6kHz 15 decibels, which was permanent and constant, and he
had difficulty in getting to sleep. The claimant had difficulty
understanding people on the telephone and concentrating on dialogue
during conversation, particularly when conversing face to face with
more than one person and where there was background noise. The claimant
also suffered from occasional headaches. Click here for Inflation Calculator Court Award:
£24,652.17 total damages. Jonathan Clarke instructed by Thompsons for the claimant. Peter Brooks for the defendant. LTLPI This Quantum Report was provided courtesy of Jonathan Clarke of Old Square Chambers, counsel for the claimant. Document No. AM0200253
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Costs of Claiming
Because we specialse in claims of this nature our team is prepared to offer to work on a No Win No Fee basis (known as a Conditional Fee Agreement) which means that we will only be paid if we win your case, and it is usual for those fees to be paid by the employer’s insurer.
Every individual is different and has different financial circumstances. Some people are able to claim through solicitors provided by their Trade Union and others through special insurance cover that they may already have for deafness claims.
Should you be interested in obtaining free initial advice about whether you have a claim on a no obligation basis, please do not hesitate to contact Wake Smith’s Occupational Illness & Workplace Claims Team in Sheffield on 0114 266 6660 or through our web site on http://www.wake-smith.co.uk/industrial.asp .
