Employers' Duties and the right to claim.

 

Exposure to excessive noise can cause permanent and irreversible noise induced hearing loss.  The condition can often be accompanied by tinnitus, a high pitched buzzing and ringing in the ears which is intrusive and can have a detrimental impact on sleep.  Tinnitus is also permanent.   It may be possible to pursue a claim for compensation against a former employer for industrial deafness and tinnitus. 

 

We have set out below some frequently asked questions to help you consider whether you can make a hearing loss claim.

 

I left work over 20 years ago, can I claim now?

 

It is common for an employee to be unaware that his hearing has been damaged.  The condition may not become obvious until the hearing begins to deteriorate as a result of age.  It is only when the hearing loss becomes noticeable as a result of the aging process that any investigations, such as an audiogram, are usually carried out.  This can be the first time an employee becomes aware that the deafness is related to his employment, which, in some cases, may have been some considerable time earlier.  Consequently, it is the date on which you became aware you suffered from hearing loss which is important, rather than the date you were exposed to excessive noise.  This means that in many cases we can a pursue a successful claim for damages even if the exposure occurred decades earlier.

 

My employer no longer exists, so how can I make a claim?

Given the passage of time, it is easy to assume that a claim for compensation for the hearing loss will not be successful.  That is not necessarily the case.  Even where a company has ceased trading it is possible to trace the insurer for the period of exposure and pursue a claim for damages against the insurance company.

 

Noise was an expected part of the job.

Simply because you were employed in a job where you had to use noisy equipment does not mean that your employer did not have to act.    As a general rule, from 1963 onwards, employers had a duty to protect their employers from the risks of exposure to excessive noise.  From 1963 to the mid 1970s, employers were required to act when noise levels exceeded 90 decibels on average throughout a shift.  From the mid 1970s onwards, the duty to act was triggered when noise levels exceeded 85 decibels on average throughout a shift.  From 6 April 2006, the employer must take action where the levels are 80 decibels on average throughout a shift.

 

How do I know if noise levels were excessive?

There is a very simple test to help calculate whether you have been exposed to noise levels exceeding 90, 85 or 80 decibels.   As a guide, noise levels are around 87 decibels if you have to raise your voice to communicate with someone standing 4 feet away.  If you have to use a very loud voice then it is likely noise levels exceed 93 decibels.

 

What do I do now?

If you are suffering from deafness and you have been exposed to excessive noise levels during the course of your employment, please contact us on (01244) 312306 for a no obligation discussion.  We have specialist industrial disease solicitors with expertise in dealing with claims for compensation for industrial deafness.  We act on a “no win no fee” basis and claimants receive 100% of the compensation.