8.5 | 117 Reviews
Call us
0151 550 5228
Track Your Claim

Noise Induced Hearing Loss and Tinnitus

Your guide to noise induced hearing loss claims

Your Legal Friend client Mr Dowse

They acted in a sympathetic and professional manner and resolved my case very efficiently.

Mr Dowse
Leeds

Noise induced hearing loss explained

People who work in noisy environments are often at risk of noise-induced hearing loss and tinnitus. Noise-induced hearing loss means that your hearing has been damaged by exposure to excessive noise. Tinnitus is a ringing (or similar) in the ears, which can sometimes be caused by a one off event but is much more often the result of exposure to excessive noise over a long period of time.

If you worked in an industry that used very heavy machinery such as a manufacturing site, or in a factory where the equipment made constant noise, your hearing could have been affected.  In noisy environments, your employer has a duty to provide you with the right kind of hearing protection in order to reduce the harm that noise can cause.

If you feel that your employer didn’t do everything they could to protect you from these excessively noisy conditions and you have been told that you’re now suffering from noise-induced hearing loss or tinnitus, we could help you make a compensation claim. However, as age can also causes hearing loss, it is important to distinguish the noise-induced element from your overall loss, as only the noise-induced loss will be your employers’ responsibility.

We have many years of experience in helping clients secure compensation for their hearing loss.  Once we’ve verified your hearing loss and claim, we’ll do everything we can to ensure that you get the compensation you deserve and, what’s more, there’ll be no upfront costs and fees to pay.

We are able to trace the insurers of companies that are no longer trading and, if you have worked with more than one company, we will look to claim against all your previous employers who may be responsible for your hearing loss. 

It is important that you only made the connection between your hearing loss and noise exposure within the last three years, so the sooner you make contact with us, the sooner we can start to help you secure the compensation you deserve.

Read less

Our expert team will call you...

Alison Saul, Director of Personal Injury leads our Personal Injury and Road Accident teams. A fully qualified solicitor with over 15 years of experience and expertise, Alison is dedicated to achieving the highest levels of compensation for her clients as well as ensuring high quality client care.

Noise induced hearing loss and tinnitus compensation team

Alison is assisted by her team managers, Philip Waters Lee Quinn, Jenna Hargreaves, and Kathryn Langton. Philip, Lee, and Jenna lead legal teams focussing on Road Traffic Accident cases while Kathyrn leads our Personal Injury team. Together they have a wealth of experience in personal injury compensation.

Philip, a qualified solicitor, has over 18 years’ experience in personal injury compensation. Having previously worked for a large insurance company, he has extensive insights in how to engage effectively with insurers to achieve the level of compensation our clients deserve. Philip deals with cases of high value, complex cases, and recently secured £1.6 million in compensation for one of his clients who suffered catastrophic injuries in a road accident.

Lee has over 15 years’ specialist experience in Personal Injury claims and also manages a wide variety of high value, complex cases. Lee has extensive experience of working with insurance companies, acting for both claimants and defendants, and so understands how to secure the highest levels of compensation for the victims of road traffic accidents.

Jenna is a qualified solicitor and has studied to become a barrister. Jenna leads the internal reviews of our case management processes to ensure excellent, efficient case handling and high levels of client satisfaction.

Kathryn, also a qualified solicitor, specialises in accidents at work, public liability and accidents abroad. Kathryn deals with a wide variety of cases, often including accidents that involve serious, complex injuries.

Read less

Request a callback that suits you

When would you like us to call?

There are many people injured in accidents each year through no fault of their own and the circumstances will be different in each instance. Our team has extensive experience of successfully managing a wide range of personal injury claims, so we can help you secure the maximum compensation you deserve.

Alison Saul

Director of Personal Injury

What our customers say

Mrs. Vora's portrait

“I found the staff to be friendly, helpful, courteous and they kept me well informed on a regular basis”

Mrs. Vora,
Loughborough

A photo of Mr Dowse

“They acted in a sympathetic and professional manner and resolved my case very efficiently”

Mr Dowse
Leeds

  For a confidential chat, call one of our experts today 0151 550 5228

10 simple steps to claim

Step
1
Obtaining a full description of your accident
Step
2
Obtaining your medical records
Step
3
Contacting the company responsible for your accident
Step
4
Arranging your medical assessment
Step
5
Collating details of your financial loss
Step
86
Negotiating the maximum settlement possibleProviding you with our valuation of your losses
Step
7
Sending your valuation to the other party's insurer
Step
68
Providing you with our valuation of your lossesNegotiating the maximum settlement possible
Step
9
Issuing Court proceedings
Step
10
Sending you your compensation payment

Your questions... answered

What is noise-induced hearing loss?

We might expect that our hearing will deteriorate as we get older. But if you’ve worked in a noisy environment over a period of time, it may well be that exposure to excessive noise has caused part of the hearing loss that you’ve started to notice in later years.

Noise-induced hearing Loss (NIHL) is the most common industrial illness in the world.  It is permanent and debilitating.  It may occur alone, or with tinnitus (buzzing, or other noise, in the ears).  If you are able to prove that your employer negligently exposed you to harmful levels of noise which caused you to  suffer a hearing loss, then you may be able to claim compensation.

 

It is widely accepted throughout all industrial sectors that employers have known about the damage that noise can do since 1963.  A leaflet called ‘Noise and the Worker’ was published that year, and the landmark legal judgement in the case of Thompson v Smith Ship Repairers reinforced the date of industry knowledge on the back of that publication.  By this date, therefore, employers ought to have been aware of the dangers of exposing their workers to damaging levels of noise and their legal responsibility and duty of care to do something about it.

Read less

What types of jobs cause noise induced-hearing loss?

Jobs that have tended to cause hearing loss are usually those in heavy or light engineering, in the textile trade, in construction, on railways, and ship building.

Can I claim for my hearing loss?

You can claim for noise-induced hearing loss against any employer who exposed you to noise in negligent circumstances, or was in breach of taking care of you by not providing you with hearing protection, by failing to monitor you through occupational health or failing to monitor noise levels.  In these circumstances, you may have a claim against the company.

The Laws and Regulations

In order to bring a claim for NIHL you will need to prove that your employer exposed you to excessive levels of noise in breach of the duty to protect you from harm as laid down by the law and subsequent regulations. A negligent employer is one who has failed to keep you safe from that harm when the employer could have foreseen the danger to your health.

The Factories Acts of 1959 and 1961 provided the legal framework that gave employers the duty to make the workplace safe (as far as reasonably practicable).  Case law since then reinforced the acceptance of the breach of duty relating to exposure to excessive levels of noise from 1963 – 1996 (when the Factories Act 1961 was repealed).

The Noise at Work Regulations 1989 then dealt specifically with exposure to noise at work, setting maximum exposure limits of 85 dBa and 90 dBa, and creating a duty to protect workers by reducing noise to the lowest practicable level.  The regulations have also enforced the provision of hearing protection, the carrying out of noise surveys & assessments, and the provision of training and information about the risks of noise exposure.  Under these regulations, if it is proven that your employer hasn’t taken the necessary preventative steps, you can make a claim for hearing damage.

In addition to the obligations placed on employers by the 1989 Regulations, there are the requirements of the Personal Protective Equipment at Work Regulations 1992, the Management of Health and Safety at Work Regulations of 1992 and 1999, and other regulations that have become effective since then that are also relevant to hearing loss claims.

The Noise at Work Regulations 1989 were updated by the Control of Noise at Work Regulations 2005 to incorporate other industries, but they also reduced the minimum exposure levels to 80 dBA and 85 dBa. The effect of these ‘newer’ regulations will drive down exposure levels in future years, which is a positive step for the protection of workers from hearing damage, although it may make claims less likely in due course.

Read less

Who can you claim against?

You may have worked in a noisy environment for more than one employer and some, or all, may no longer be trading.  You should aim to claim against all employers regardless of whether or not they remain in business.  It is often possible to trace the insurance companies who provided employers’ liability insurance to those firms, and, once they are located, these insurers will investigate their liability to pay compensation to you.  If they accept negligence, each insurer should pay compensation to you based on the number of years for which that the company exposed you to excessive noise.  Compensation is therefore apportioned between each negligent employer for their share of your hearing damage.

 If court proceedings are necessary, it may be that some companies that are no longer in existence have to be restored to the Companies House Register for that purpose.

How to bring a claim for compensation

There are a number of hurdles you will need to overcome in order to succeed with a claim:

1         Limitation – you must bring a claim within 3 years of the date you knew, or ought to have known, that your hearing damage could have been caused by your work

2         Causation – you must be diagnosed with a quantifiable hearing loss and/or tinnitus due to noise once any age related loss has been deducted from your overall loss.  We obtain medical evidence on your behalf to prove that point and we will discuss your work & exposure history with you.

3         Foreseeability – you must prove that your employer could have foreseen that exposure to noise could have caused that damage

4         Negligence and breach of duty – you must be able to demonstrate that your employer exposed you to excessive noise in breach of the relevant laws and regulations. If they failed to provide and enforce hearing protection in excessively noisy areas, or failed to warn you about the dangers of excessive noise exposure, this will assist your case.

It is important to note that all of these hurdles must be overcome, not just one or two.

If your GP or Consultant has suggested to you that noise might have contributed to your hearing damage, please seek legal advice as soon as possible, and ideally seek that advice when you first suspect that any noticeable hearing loss might have been caused by your work.  This may be before any medical consultation, so be aware of the 3 year limitation rule and don’t delay.  Do make sure that any legal advice you seek comes from a specialist lawyer with expertise in dealing with your type of claim.

Read less

What if I worked for more than one employer?

If you worked with more than one employer, you should make a claim against each of those companies who expose you to excessive noise.  If your claims in successful, all of the companies will pay compensation to you based on their share of the negligent noise exposure.

They have no responsibility to pay you for the age-related element of your overall hearing loss, only the loss associated with the negligent exposure to noise.

How do I prove that?

Here at Your Legal Friend we will talk to you about your work history and also your exposure history. We’ll submit a claim to each of the employers that exposed you to noise in negligent circumstances.

We will obtain medical evidence to help prove how much of your overall hearing loss has been caused by noise, and how much is caused by age. Remember, it is only the noise-related element of your hearing loss that is included in a claim for compensation.

Are there time limits that apply?

Any claimant has 3 years in which to bring a claim, from the date that they knew or ought to have known that they have a significant hearing loss that may have been caused by exposure to excessive noise in negligent circumstances.  The time limits are strict and you should always seek a specialist legal opinion so that you can be properly advised about that.

Will it cost me anything to make a claim?

Here at Your Legal Friend we’ll advise you on a No Win, No Fee basis.  Our initial consultation is free of charge in any event and we will always explain our funding terms and conditions to you at the outset so you’ve no surprises at all throughout the claim.

What can I claim for?

You’ll be able to claim compensation for noise-induced hearing loss that you have and also for any tinnitus conditions that may have been diagnosed such as the hissing or buzzing in your ears that is sometimes associated with noise exposure. 

You’ll also be able to claim compensation for losses and expenses associated with those conditions and you can also claim the cost of any future hearing aids if recommended by your treating consultant.

Remember that any reward of compensation will be divided between those companies who exposed you to noise in negligent circumstances, and it’s important therefore to get specialist help with such a claim.

We might expect that our hearing will deteriorate as we get older. But if you’ve worked in a noisy environment over a period of time, it may well be that exposure to excessive noise has caused part of the hearing loss that you’ve started to notice in later years.

Noise-induced hearing Loss (NIHL) is the most common industrial illness in the world.  It is permanent and debilitating.  It may occur alone, or with tinnitus (buzzing, or other noise, in the ears).  If you are able to prove that your employer negligently exposed you to harmful levels of noise which caused you to  suffer a hearing loss, then you may be able to claim compensation.

 

It is widely accepted throughout all industrial sectors that employers have known about the damage that noise can do since 1963.  A leaflet called ‘Noise and the Worker’ was published that year, and the landmark legal judgement in the case of Thompson v Smith Ship Repairers reinforced the date of industry knowledge on the back of that publication.  By this date, therefore, employers ought to have been aware of the dangers of exposing their workers to damaging levels of noise and their legal responsibility and duty of care to do something about it.

Read less

Jobs that have tended to cause hearing loss are usually those in heavy or light engineering, in the textile trade, in construction, on railways, and ship building.

You can claim for noise-induced hearing loss against any employer who exposed you to noise in negligent circumstances, or was in breach of taking care of you by not providing you with hearing protection, by failing to monitor you through occupational health or failing to monitor noise levels.  In these circumstances, you may have a claim against the company.

The Laws and Regulations

In order to bring a claim for NIHL you will need to prove that your employer exposed you to excessive levels of noise in breach of the duty to protect you from harm as laid down by the law and subsequent regulations. A negligent employer is one who has failed to keep you safe from that harm when the employer could have foreseen the danger to your health.

The Factories Acts of 1959 and 1961 provided the legal framework that gave employers the duty to make the workplace safe (as far as reasonably practicable).  Case law since then reinforced the acceptance of the breach of duty relating to exposure to excessive levels of noise from 1963 – 1996 (when the Factories Act 1961 was repealed).

The Noise at Work Regulations 1989 then dealt specifically with exposure to noise at work, setting maximum exposure limits of 85 dBa and 90 dBa, and creating a duty to protect workers by reducing noise to the lowest practicable level.  The regulations have also enforced the provision of hearing protection, the carrying out of noise surveys & assessments, and the provision of training and information about the risks of noise exposure.  Under these regulations, if it is proven that your employer hasn’t taken the necessary preventative steps, you can make a claim for hearing damage.

In addition to the obligations placed on employers by the 1989 Regulations, there are the requirements of the Personal Protective Equipment at Work Regulations 1992, the Management of Health and Safety at Work Regulations of 1992 and 1999, and other regulations that have become effective since then that are also relevant to hearing loss claims.

The Noise at Work Regulations 1989 were updated by the Control of Noise at Work Regulations 2005 to incorporate other industries, but they also reduced the minimum exposure levels to 80 dBA and 85 dBa. The effect of these ‘newer’ regulations will drive down exposure levels in future years, which is a positive step for the protection of workers from hearing damage, although it may make claims less likely in due course.

Read less

You may have worked in a noisy environment for more than one employer and some, or all, may no longer be trading.  You should aim to claim against all employers regardless of whether or not they remain in business.  It is often possible to trace the insurance companies who provided employers’ liability insurance to those firms, and, once they are located, these insurers will investigate their liability to pay compensation to you.  If they accept negligence, each insurer should pay compensation to you based on the number of years for which that the company exposed you to excessive noise.  Compensation is therefore apportioned between each negligent employer for their share of your hearing damage.

 If court proceedings are necessary, it may be that some companies that are no longer in existence have to be restored to the Companies House Register for that purpose.

How to bring a claim for compensation

There are a number of hurdles you will need to overcome in order to succeed with a claim:

1         Limitation – you must bring a claim within 3 years of the date you knew, or ought to have known, that your hearing damage could have been caused by your work

2         Causation – you must be diagnosed with a quantifiable hearing loss and/or tinnitus due to noise once any age related loss has been deducted from your overall loss.  We obtain medical evidence on your behalf to prove that point and we will discuss your work & exposure history with you.

3         Foreseeability – you must prove that your employer could have foreseen that exposure to noise could have caused that damage

4         Negligence and breach of duty – you must be able to demonstrate that your employer exposed you to excessive noise in breach of the relevant laws and regulations. If they failed to provide and enforce hearing protection in excessively noisy areas, or failed to warn you about the dangers of excessive noise exposure, this will assist your case.

It is important to note that all of these hurdles must be overcome, not just one or two.

If your GP or Consultant has suggested to you that noise might have contributed to your hearing damage, please seek legal advice as soon as possible, and ideally seek that advice when you first suspect that any noticeable hearing loss might have been caused by your work.  This may be before any medical consultation, so be aware of the 3 year limitation rule and don’t delay.  Do make sure that any legal advice you seek comes from a specialist lawyer with expertise in dealing with your type of claim.

Read less

If you worked with more than one employer, you should make a claim against each of those companies who expose you to excessive noise.  If your claims in successful, all of the companies will pay compensation to you based on their share of the negligent noise exposure.

They have no responsibility to pay you for the age-related element of your overall hearing loss, only the loss associated with the negligent exposure to noise.

Here at Your Legal Friend we will talk to you about your work history and also your exposure history. We’ll submit a claim to each of the employers that exposed you to noise in negligent circumstances.

We will obtain medical evidence to help prove how much of your overall hearing loss has been caused by noise, and how much is caused by age. Remember, it is only the noise-related element of your hearing loss that is included in a claim for compensation.

Any claimant has 3 years in which to bring a claim, from the date that they knew or ought to have known that they have a significant hearing loss that may have been caused by exposure to excessive noise in negligent circumstances.  The time limits are strict and you should always seek a specialist legal opinion so that you can be properly advised about that.

Here at Your Legal Friend we’ll advise you on a No Win, No Fee basis.  Our initial consultation is free of charge in any event and we will always explain our funding terms and conditions to you at the outset so you’ve no surprises at all throughout the claim.

You’ll be able to claim compensation for noise-induced hearing loss that you have and also for any tinnitus conditions that may have been diagnosed such as the hissing or buzzing in your ears that is sometimes associated with noise exposure. 

You’ll also be able to claim compensation for losses and expenses associated with those conditions and you can also claim the cost of any future hearing aids if recommended by your treating consultant.

Remember that any reward of compensation will be divided between those companies who exposed you to noise in negligent circumstances, and it’s important therefore to get specialist help with such a claim.