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Noise Induced Hearing Loss Claims Guide – Can I Claim Compensation for Noise Induced Hearing Loss From My Employer? – Am I Eligible?

Noise Induced Hearing Loss Explained

As previously touched upon the term “noise induced hearing loss” covers many different sorts of hearing ailments which includes the following:

Tinnitus – this is a hearing issue that causes ringing, whistling or buzzing in one of your ears but it can also affect both ears
Acoustic shock syndrome – this is a hearing issue that is caused through damage to your ear whether it is as a result of a single, extremely intense sound close to your ear, an example being an explosion, or through exposure to repetitive, sounds of high intensity when wearing a headset
Occupational deafness – a hearing issues that is the result of damage to your inner ear and which can cause either partial deafness or total deafness

It is worth noting that the damage caused to your hearing normally happens gradually over time with sounds becoming distorted or muffled making it that much harder for you understand what other people may be saying. When suffering from noise induced hearing loss which, in combination with ageing, it can lead to severe hearing loss and as a result you would have to wear a hearing aid in order to carry out normal communication with others.

Noise Induced Hearing Loss is One of the Most Reported Reasons for Adult-onset Deafness

Statistics published by The Health and Safety Executive have established that around 18,000 people suffer from noise induced hearing loss every year and their hearing was further negatively impacted by a noisy working environment. As such, there has been a large rise in the number of employees who file noise induced hearing loss claims which accounts for about 75% of industrial disease claims lodged against employers.

Should you have developed NIHL due to working in a noisy, loud environment or because you were subjected to a sudden high-intensity sound, you could be entitled to seek compensation from your employer, providing you claim meets specific criteria.

Workers Most at Risk of Developing Noise Induced Hearing Loss

The workers most at risk of suffering from hearing loss are those who work in areas where noise levels are higher than 80dBA. Constant exposure to this noise level over a longer time could result in permanent hearing damage with the effects typically being irreversible. The industries with the most reported instances of noise induced hearing loss includes the following:

Engineering
Mining
Car manufacturing
Shipyards
Construction
Road drilling

These are just some of the industries in which workers are effected by hearing loss of one nature or another, but there are plenty more. Should you have suffered hearing loss because of the environment conditions you work in, you could be entitled to seek compensation from an employer.

Would My Noise Induced Hearing Loss Claim be Valid?

There is a strict time limit to making a personal injury claim which is 3 years. As such, you must file a claim within the following timeline:

From the date you were exposed to a noise that resulted in your suffering hearing loss
From the date you were diagnosed as suffering from a hearing impairment that is directly linked to noise you were subjected to in the workplace – which is referred to as “date of knowledge”

It is worth noting that a personal injury solicitor would arrange for you to be examined by an audiologist and as such, you would not necessarily need your condition diagnosed by another medical professional in order to file a noise induced hearing loss claim against your employer. The specialist would determine whether your hearing impairment is work-related or due to ageing and the report they produce would be a key factor when it comes to what level of compensation you may receive in a successful hearing loss compensation claim.

Your Employer’s Responsibilities in the Workplace

Your employer has a duty to keep you safe in the workplace which includes from injury and harm. Part of their duty of care is to ensure that workers are protected from noise which could lead to hearing impairment. The laws are covered by the following legislation:

The Health and Safety at Work Act 1974
The Control of Noise at Work Regulations 2005

Your employer must abide by the regulations that are set in place to protect from noise in the workplace and failing to carry out frequent risk assessments of noise levels can mean your boss is in breach of their duty. Should noise levels rise to levels of 80 to 85 decibels, the measures an employer must set in place are detailed below:

To install quieter equipment/machinery
To install absorbent materials and/or sound barriers
To shorten the length of time you work in such a noisy environment
To provide adequate personal protective equipment (PPE) which includes earplugs

Should your employer fail to set in place any of the above and you suffer some sort of work-related hearing loss, it could entitle you to seek compensation by filing an accident at work claim against them.

Can I Still Make a Noise Induced Hearing Loss Claim If My Employer No Longer Trades?

Even if your employer has gone out of business for whatever reason, you could still be entitled to file a noise induced hearing loss claim against them. With this said, you would need to have the details of your employer’s insurance provider in order to do so. This information can be found at the Employer’s Liability Trading Office.

Once you have contacted the insurer, a solicitor who represents you, would formally negotiate a settlement with the provider. It is worth noting, however, that if your employer’s insurance provider disputes your accident at work claim for loss of hearing, and the company has been dissolved, you may find that it would be necessary for the business to be restored through the Register of Companies which are held at Companies House. Because this can be a complicated legal process, it is best left to an experienced personal injury solicitor to carry out.

What Compensation Could I Receive for Noise Induced Hearing Loss?

The level of compensation you may be awarded in a successful work-related hearing loss claim would depend on the following which would be factored into the amount you receive:

The severity of the work-related hearing loss you sustained and its type
How your life and overall health and well-being have been negatively impacted

The more your condition affects your future life, the more compensation you would be awarded, whether your case goes to court or a settlement is reached beforehand. General damages are awarded for the pain and suffering you experience and special damages are awarded for all the financial losses and expenses you incur as a direct result of having develop hearing loss due to your work environment. Special damages would cover the following:

Loss of wages and future earnings
Medical costs and expenses
Travel expenses
Hearing aids which includes replacements and batteries
Specialist treatment for tinnitus which includes counselling and “de-tinnitising amplifiers”
Training for sign language
Home adaptations which includes adapting telephones, alarm clocks and door bells

As such, the Judicial College guidelines for the amount you may be awarded in successful hearing loss claim, are as follows:

Hearing loss/mild tinnitus – you may receive anything from £3,000 to £7,000
Hearing loss/moderate tinnitus – you may be awarded anything from £7,000 to £19,000
Deafness (total) in both of your ears with tinnitus – you may receive anything up to £70,000

The amounts provided are just a guideline of the compensation you may receive, bearing in mind that every personal injury claim is treated as unique. As such, you may find that you are awarded less or more that the amounts indicated above.

What are My Workers Rights if I Develop Noise Induced Hearing Loss in the Workplace?

All worker’s rights are very protected in the United Kingdom which means that should you develop any sort of medical condition linked to the job you do and this includes any sort of hearing loss, you have the legal right to do the following:

To seek compensation from an employer as long as they are liable
That your position and job is safe, even if you file a hearing loss claim

Should your employer object or feel threatened with the sack or redundancy, you should discuss your concerns with an employment lawyer who may advise you to take further legal action out against your employer.

What is the Time Limit to Filing a Noise Induced Hearing Loss Claim?

The time limit for filing a hearing loss claim is 3 years from the date you were diagnosed by a medical professional as having developed the condition. The diagnosis has to prove that your hearing loss is due to the environment you work or worked in. With this said, should you be under the age of 18 when the damage was done to your hearing, the time limit to making an accident at work claim, would begin the day you turn 18 years of age.

Waiting for too long could mean you would not be able to seek the compensation you deserve for having developed a hearing loss condition that can be directly associated with the job you do or did. Even if there is few months left on the statutory time limit, you may find that a solicitor may not wish to represent you on a No Win No Fee basis because there would not be enough time to gather all the evidence required to prove your claim against a negligent employer.

Are There Any Benefits to Working With a Solicitor on a Noise Induced Hearing Loss Claim?

Accident at work claims are complicated, legal processes more especially when work-related health issues are involved. As such, having a lawyer guide you through the process of making a hearing loss claim against an employer can make the procedure a lot simpler all round. The benefits and advantages of having legal representation includes the following:

A lawyer would establish you have a claim by offering a no obligation, free initial consultation which would typically either be over the phone or if your case is more complex in a meeting with the solicitor
A solicitor would agree to work on your claim on a No Win No Fee basis should they believe you have a strong case against a negligent employer who failed to keep you safe from harm and injury in the workplace
A specialist personal injury lawyer has access to all the legal libraries which they can reference when establishing your claim
Lawyers have vast experience when it comes to corresponding with liability insurance providers
A solicitor would guide you through the process of gathering all the relevant information needed to prove your claim
A lawyer would be able to negotiate an acceptable and fair level of compensation for you
A solicitor who handles accident at work claims would arrange for you to be examined and treated by specialists and consultants in the private sector
A lawyer would negotiate “interim payments” for you should your case be complex and therefore the final settlement may take longer to be awarded

Having the experience of an accident at work lawyer work on your hearing loss claim, can help speed up what can otherwise be a long drawn out, complicated legal process which needs to be adhered to correctly right from the outset of filing a claim.

Can My Employer Fire Me For Filing a Noise Induced Hearing Loss Claim?

Worker’s rights are protected and as such, an employer cannot treat you unfairly nor can they fire you if you seek compensation from them. If you are threatened with the sack or redundancy because you file a hearing loss claim, you should seek legal advice from an employment solicitor before doing anything else which includes resigning from your job. The reason being that you could be entitled to take further legal action out against an employer should they threaten you or object to you seeking compensation because they would be breaking the law.

Would a Solicitor Work on a No Win No Fee Basis on My Hearing Loss Claim?

Providing you can prove your claim against an employer and have strong evidence that your hearing loss can be put down to the environment you work or worked in, then a lawyer would agree to work on your case by signing a No Win No Fee agreement with you. The more in the way of proof you can provide, the stronger your hearing loss claim would be and as such, a lawyer would be happy to represent you without having to request an upfront fee or any ongoing fees from you as your claim progresses.

Conditional Fee Agreements allow for a solicitor to begin work on a hearing loss claim by contacting your employer’s liability insurance providers. All employers are obliged to hold valid liability insurance and as such it is the insurance company who would deal with every aspect of your case and this includes the settlement you receive in a successful hearing loss personal injury claim.

The CFA is a legal contract that outlines the percentage known as a “success fee” that you agree to pay the solicitor but only if you win your hearing loss claim and the amount is deducted from the settlement you receive. Should you lose your case, you would not have to pay the “success fee” because you signed a No Win No Fee agreement with the lawyer. A Conditional Fee Agreement also sets out the Terms and Conditions of the contract which provides essential information when it comes to the obligations the No Win No Fee lawyer undertakes when representing you.

Informative Links

To find out more information about noise induced hearing loss, the following link takes you to the NHS website that offers essential reading on this medical condition:

More about noise induced hearing loss

If you would like more data on the personal protective equipment regulations in the UK, please click on the link below:

More about personal protective equipment regulations in the UK

Zero-hours Contract – Can I Claim Compensation For A Accident At Work If I Am On a Zero-hours Contract? – Personal Injury Claims

What is the Definition of a Zero-hour Contract?

Sometimes known as a “casual contract”, a zero-hour contract refers to when you provide casual work for an employer. It is an agreement between an employer and you where the employer does not have to guarantee that you are provided with regular work and you are under no obligation to take on the work when it is available.

If you are self-employed, you may accept to work for an employer on a zero-hours contract. However, your status as a self-employed worker does not change if you do accept the work. Should you not be “self-employed” and you agree to work for an employer under a zero-hours contract, you would be classed as an employee of the business, company or organisation or you could be categorised as a “worker”.

How Do I Establish My Employment Status Under a Zero-hours Contract?

When it comes to establishing an employer’s responsibility towards you when you work for them under a zero-hours contract, it would depend on how much influence an employer has over you and the work you are tasked to carry out for them under the terms of your contract. The same applies to employment agencies. You have “worker’s rights” when it comes to an employer taking “reasonable care” of a working environment and the premises you work in which is covered under the Occupier’s Liability Act 1957.

As such, whether your “employee rights” have been established or not, if you were injured in an accident at work and you are under a zero-hours contract, you should discuss your case with a solicitor who specialises in this type of claim. You could be entitled to seek compensation from an employer because under the government’s “Department for Business, Energy and Industry Strategy”, the following applies:

That all workers who are employed on a zero-hours contract have statutory “employment rights”

It also states that no exceptions exist and that any person working on a zero-hours contract who is classed as a “worker” shall be entitled to receive the “National Minimum Wage” and should receive annual leave and be given adequate rest breaks and should be protected from discrimination in the workplace.

When your employment status changes from being a “worker” to becoming an “employee”, you would be entitled to further employment rights. This includes statutory notice rights. An employer may also request that you accept working a specified number of hours which would be part of and written into your employment contract.

What Happens if I Am Injured in an Accident at Work and I Am on a Zero-hours Contract?

Should you be involved in an accident at work and you suffer injuries because of employer negligence, you could be entitled to seek compensation by filing a personal injury claim no matter what type of employment contract you agreed to work under. An employer must ensure the following in the workplace:

That the environment you work in is kept clean, tidy and safe
That you are provided with adequate training to carry out a job safely
That all tools, machinery and equipment is kept in good working order
That adequate personal protective equipment is provided and is kept in good condition

If an employer fails in any of the above and the conditions you are asked to work in are unsafe which results in you suffering injuries, just because you are on a zero-hours contract should not prevent you from seeking compensation by filing an accident at work claim against the employer.

If I File an Accident at Work Claim, Would I Be Putting My Zero-hours Contract at Risk?

The laws and regulations are there to ensure that all workers are treated fairly in the workplace, regardless of the type of employment contract that is entered into with an employer.

An employer would be acting unlawfully if they choose to fire or suspend you because you choose to file a personal injury claim against them. An employer is bound by the Terms of an employment contract which means that should you be fit to work and your contract stands, you cannot be fired because you decide to seek compensation from them.

Should your injuries be such that you have to take time off, the terms of a contract would still apply no matter what reason exists for you having to take time off work. It is worth noting that should an employer make life difficult for you because you have filed a work-related personal injury claim against them, you have the right to look for work elsewhere even if you remain under contract with the employer in question. The reason being that the “Small Business, Enterprise and Employment Act’ does not permit any exclusivity clauses or any terms when it comes to zero-hours contracts.

What Should I Do Following an Accident at Work If I Am on a Zero-hours Contract?

Should you be injured in an accident at work and you are under a zero-hours contract, you should do the following:

Report the accident to the employer or person in charge as soon as possible following the incident
Make sure the incident is recorded in the work’s accident report book or sent to an employer by some other official means whether in a personal email or written letter
Collect names of all witnesses and their contact details
Take photos of the injuries you sustained and where the workplace accident occurred
Record details of the circumstances leading up to the accident at work
Make sure the accident and your injuries were reported to RIDDOR should the incident have been a “reportable accident”

The more information you can provide of the workplace accident in which you were injured, the better because it would strengthen you claim and would help an accident at work lawyer build your case against an employer. The stronger you claim is, the more chance of a solicitor representing you on a No Win No Fee basis too.

What Are My Rights When it Comes to Being Protected at Work?

Under Health and Safety at Work Regulations 1999, all employers must provide you with adequate training so that you are able to carry out the jobs you are tasked to do as safely as possible. Employers must also ensure that all working practices are safe and that machinery, tools and equipment are maintained in good working order.

Should an employer fail to do any of the above and you are injured in a workplace accident, you have the right to seek compensation even if you are on a zero-hours contract.

What Happens if an Employer Ignores the Regulations and Laws?

Not all employers fully appreciate or understand their legal responsibilities in the workplace. Some employers even ignore them with the end result being that a working environment may not be as safe as it should be for you to be in. If you are injured in an accident at work and an employer decides to fire you or force you to leave by treating you detrimentally or unfairly, they would be acting unlawfully. The law is very clear in this matter and should this be the case, you could be entitled to file a constructive or unfair dismissal claim against an employer on top of an accident at work claim.

Who Pays Accident at Work Compensation If I Win My Case?

All employers in the UK are legally obliged to hold valid liability insurance which covers accidents and injuries as well as work-related medical conditions that you may suffer while working for an employer. When you make a personal injury claim against an employer, it is the insurance provider who deals with all aspects of a case from the start through to the finish. In short, it is the insurance company that pays the accident at work compensation you are awarded whether this is through a court or in an out of court settlement.

It is also worth noting that should your employer have gone out of business or ceased trading, you would still be entitled to seek compensation for workplace injuries you sustained because the liability insurance provider would still be operating. An experienced accident at work lawyer would contact the insurance provider on your behalf when you decide to file a work-related personal injury claim against an employer who is no longer trading.

What if There is No Record of the Accident, Would My Personal Injury Claim be Valid?

An employer has a duty to make a record of all workplace accidents and injuries that employees may sustain while in their employment. Should an employer fail to record the incident in an accident report book, you may still be able to file a claim for compensation although your case may be weaker than if there was an official accident report. You would have to provide as much evidence as possible to strengthen your case which an accident at work solicitor would use to build on. The rule of thumb is that the more evidence you can provide, the better the chance of you successfully filing an accident at work claim against a negligent employer.

Is An Employer Legally Obliged to Keep an Accident Report Book?

Employers and other people who are in “control” of premises are legally required to keep records of workplace accidents, injuries, dangerous occurrences and work-related medical conditions as stated by Health and Safety Executive regulations. With this said, the records of workplace incidents can be kept other than in an accident report book although this is the preferred method. The reason being that keeping an accident report book meets the Data Protection Act requirements.

It is also worth noting that some workplace accidents are reportable to RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 – and the same applies to any incident where a worker is obliged to take more than 7 consecutive days off work if they are injured in an accident at work.

As previously mentioned, accident report books are the preferred method of recording workplace injuries and accidents for the following reasons:

The time, date and place is officially recorded
The personal information of all persons involved are recorded
A brief account of the accident is recorded
Details of treatment offered and advice that was given is recorded

It is worth noting that an employer is required to keep records of workplace accidents and injuries for a minimum of three years.

How Do I Prove an Accident at Work Claim?

For your accident at work claim to be valid, you would need to do the following:

Provide evidence of when the workplace incident occurred
Provide evidence of where the accident at work happened
Provide evidence of how the incident that left you injured occurred
Provide evidence of employer negligence and liability

Can I Provide Other Evidence and Proof to Strengthen an Accident at Work Claim?

Not having a record of an accident at work could in itself be deemed negligent on the part of an employer. However, an incident may not have been recorded by mistake because of the seriousness of an accident and the injuries sustained. Should this be the case, a report can be logged as soon as possible afterwards which is perfectly acceptable. Other proof and evidence that can strengthen your claim against an employer could include the following:

Medical reports detailing the extent of your injuries and even any minor symptoms you may have suffered
CCTV footage of the accident if available. An employer must provide this when they are requested to and they should do so in a timely manner

What Can I Include in My Accident at Work Claim If I am on a Zero-hours Contract?

Accident at work compensation is broken down into two separate categories which are as follows:

General damages are awarded to compensate an injured party for all the suffering, pain and loss of amenity they had to endure through no fault of your own having sustained injuries in workplace accident. It is worth noting that the level of personal injury compensation you may be awarded would depend on several things which includes the severity of your injuries and how they impact your future life. As such, it is harder to calculate general damages and offer an estimate on how much you may receive if your case is upheld
Special damages are awarded to compensate an injured party for out of pocket expenses incurred as a result of having been involved in an accident at work. This includes medical expenses, travel costs, care costs and all other expenses you had to pay out because you were injured in a workplace accident. It is easier to both calculate and estimate the amount of special damages you would be awarded but you would need to provide evidence of your expenditure in the form of official receipts which an accident at work lawyer would present when calculating the level of special damages you may receive

Should I Sue My Employer If I Am Injured in an Accident at Work?

Anyone who is injured in the workplace has the right to seek compensation for the pain, suffering and loss of amenity they had to endure, providing their case meets the necessary criteria attached to work-related personal injury claims against employers.

Having to take time off work means not bringing in your normal wage which could make it harder for you to pay necessary bills and other financial outlays. This can make an already difficult situation harder to cope with at a time when you should be focussing on recovering from the injuries you sustained in an accident at work. As such, filing a claim for compensation from an employer would help you cope allowing you to concentrate on recovering and getting back to work.

An accident at work solicitor would make sure that you have gathered all the necessary information relating to your case and would work hard to ensure that you receive the level of personal injury compensation you would be entitled to. An experienced solicitor would make sure you are compensated for all the expenses you had to deal with and would ensure that you receive ongoing treatment and therapy should this be necessary.

Liability insurance is a legal requirement that all employers must abide by and as such, when you make an accident at work claim and seek compensation from your employer for injuries you sustained, it is the insurance company that deals with your case and this includes negotiating the compensation you would be awarded. It is also noteworthy that 95% of personal injury claims never get to court with insurance providers preferring to negotiate out of court settlements.

What Is The Time Limit to Making an Accident at Work Claim?

There is a statutory time limit that must be respected if you are thinking about seeking compensation for a workplace injury you sustained. Failing to respect the 3 year time limit could mean you lose out on receiving compensation even if you have all the required evidence of employer negligence. However, the time the statutory 3 years begins depends on the circumstances surrounding an accident at work which is detailed below:

Three years from the date you were injured in an accident at work
Three years from your 18^th birthday if you were injured before this date
Three years from the time you were diagnosed with a medical condition that is directly linked to the injuries you sustained in a workplace accident

What Are the Advantages of Having a Solicitor Work on an Accident at Work Claim?

Accident at work lawyers have vast experience in handling and winning claims for employees who are injured at work. They have the ability to access legal libraries which they can reference when researching your work-related personal injury claim. However, one of the main benefits of contacting a lawyer when you want to seek compensation from an employer, is that they would arrange for a specialist or consultant to examine you and the medical report produced would be used as the basis of general damages you could be awarded in a successful accident at work claim.

Other advantages include the following:

A solicitor would agree to represent you on a No Win No Fee basis once they are happy that your claim against an employer is strong and that they can be held liable for the injuries you sustained
There would be no upfront fee or any ongoing fees to find either
A solicitor would let you know early on how much personal injury compensation you could be awarded in a successful claim
The solicitor would ensure that pre-action protocols and the 3 year time limit is respected
A solicitor would work hard on your behalf to ensure that you are awarded a level of accident at work compensation that suits the injuries and hardship you had to endure
The solicitor would make sure you receive interim payments should a final settlement take longer to reach
A solicitor would arrange that you receive the right kind of ongoing therapy should this be necessary

Conditional Fee Agreements (CFAs) allow solicitors to work on your behalf and you would only have to pay an agreed fee known as a “success fee” when you receive the personal injury compensation you claimed for the workplace injuries you sustained. If your case is not successful, because you signed a No Win No Fee agreement with the solicitor, there would be nothing to pay for the legal representation you received.

Informative Links

If you would like to find out more information about the Occupier’s Liability Act 1957, please click on the link below where you will find valuable information on what the law covers:

The Occupier’s Liability Act 1957

To find out more about the Small Business, Enterprise and Employment Act (SBEE), please click on the link below:

Small Business, Enterprise and Employment Act (SBEE)