If you've suffered deafness or hearing loss due to your working environment, you could be eligible to make a noise induced hearing loss claim.
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Noise Induced Hearing Loss Claims
Industrial deafness or noise induced hearing loss (NIHL) is a hearing impairment caused by prolonged exposure to loud noises in some workplaces. Such environments include factories, constructions sites, bars and nightclubs.
NIHL symptoms can affect one or both ears and might lead to permanent damage. Once a person’s hearing is damaged, it cannot be restored, but it could be improved by hearing aids. Losing your hearing can significantly lower your life quality and social interactions.
To keep workers safe, employers must assess and control noise levels in line with the legislation and provide them with personal protective equipment where required to reduce noise damage. If they fail to do so, they may be liable for compensation.
If you lost or damaged your hearing due to negligence, you might be entitled to make a noise induced hearing loss claim. To find out if you have a valid claim, call 0800 470 0472 to speak to a legal adviser. Alternatively, you can enter your details into our online claim form to receive a call back.
Key points about noise-induced hearing loss claims
- Eligibility: You may be able to claim if long-term exposure to loud noise at work has damaged your hearing.
- Workplace Safety: Employers must comply with noise regulations, provide ear protection and conduct regular risk assessments.
- Time Limit: You have 3 years from when your hearing loss was diagnosed as being work-related.
- Compensation: Will depend on the extent of your hearing loss and its impact on your daily life and work.
- No Win, No Fee: Your solicitor will offer a no win, no fee service, meaning you only pay a fee if your hearing loss claim succeeds.
Table of Contents
Can I make a noise induced hearing loss claim?
Every employer has a duty of care to keep employees safe while at work. They should take all reasonable measures to prevent hearing damage from noise exposure. Failing to do so may make them liable for your hearing loss, and they might have to pay you compensation.
Depending on the circumstances of your hearing impairment, a solicitor can let you know if you might have a valid claim for hearing loss compensation. This is usually possible if:
- You were diagnosed with NIHL in the last three years
- Your employer breached their duty of care to take all reasonable measures to prevent damage to your hearing
- Their negligence caused you to develop a hearing impairment
Depending on the cause of NIHL, symptoms may be immediate or take many years to develop. As soon as you notice your hearing is deteriorating, you should seek medical advice. If an Audiologist determines that you suffered noise induced hearing loss, you should contact an expert solicitor.
The solicitor will give you an initial free consultation to find the details of your condition and your prospects of making a successful hearing loss claim. If you have a fair chance to receive compensation, you will be offered a no win no fee agreement*, and your solicitor will guide you through the claiming process.
The first step towards making a successful claim is gathering relevant evidence to prove your hearing loss was caused by substandard health and safety practices at your workplace.
The most important piece of evidence is a specialist medical assessment. An Audiologist will give you an audiogram test and provide a medical report stating the damage you suffered to your hearing and how it could be corrected.
Besides the medical evidence, to prove your employer acted negligently, you will also have to provide information about:
- Your work tasks, patterns, the type of machinery you’re operating, etc.
- Whether you have been provided with hearing protection, when and what type
- The advice, training and instructions you received to protect yourself from noise damage to hearing
Friendly legal advisors are available to discuss your hearing loss claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
What is noise induced hearing loss (NIHL)?
Noise induced hearing loss (NIHL) is a generic term that describes various types of hearing loss caused by loud sounds like:
Tinnitus
Tinnitus refers to a ringing, buzzing or throbbing feeling in one or both ears. It affects around 15-20% of the population and can be caused by damage to the tiny hairs in the inner ear due to prolonged exposure to loud sounds.
There are no specific tests for tinnitus, and it is usually diagnosed based on your symptoms alone. Similar to whiplash, it can sometimes lead to fraudulent claims for compensation.
Occupational deafness
This refers to damage to the inner ear from loud noises or vibrations in workplaces such as construction, farming, military and jobs involving loud music or machinery.
According to Health and Safety Executive statistics, in 2013/2014, as many as 54 out of every 100,000 workers were affected by occupational deafness.
Acoustic shock syndrome
Acoustic shock syndrome describes an involuntary trauma response to a brief, unexpected and abrupt loud sound. The symptoms of acoustic shock syndrome can be immediate or delayed and could be short-lived or long-lasting. If symptoms persist, the condition can cause significant disability.
Acoustic trauma
Acoustic trauma is an injury to the inner ear caused by long-term exposure to loud noises or a single, very loud noise. It can injure the eardrum, the small muscles or the tiny hairs in the ear. Acoustic trauma cannot be reversed, so you must always use protective equipment at work.
Noise induced hearing loss occurs when one of the inner ear structures is damaged due to exposure to loud sounds. The sounds we hear daily are usually at safe levels that don’t damage the hearing.
Prolonged exposure to loud sounds or even brief exposure to very loud noise can damage the sensitive structures in the inner ear and cause NIHL.
NIHL can be immediate or develop after many years of exposure. It might affect one or both ears, and the effects can be short-lived or permanent:
- Temporary NIHL is often caused by exposure to a sudden blasting sound, and symptoms can last from several hours to several days. Although the hearing will likely return to normal, the damage has occurred, and constant exposure to harmful sounds can lead to some degree of permanent hearing loss.
- Long-term NIHL usually occurs to people working in a noisy environment over a long period of time. Manufacturing, utility supply and construction work have the highest rate of long-term NIHL, with 4.1, 1.4 and 1.9 cases per 100,000 employees, respectively.
Once the damage is done, it cannot be reversed. But NIHL is the only completely preventable type of hearing loss, by taking precautions like:
- Wear earplugs or other protective equipment when working in a loud environment
- Know which noises can cause damage and move away from them
- Have your hearing tested if you suspect you might have hearing loss
- Be alert to hazardous sounds in the environment
NIHL can affect people of all ages. If you are exposed to risk factors at work and don’t take the necessary precautions, you could suffer hearing loss over time.
If your employer acted negligently and didn’t provide instruction, training and protective equipment, they might be liable to compensate you for the pain and suffering caused by your hearing loss.
To find out if you have a valid hearing loss claim, enter your details into our online claim form or call 0800 470 0472 to speak to a legal adviser.
What are the symptoms of industrial deafness or hearing loss?
Workplace-related hearing loss can be prevented, but once your hearing is gone, it cannot come back. In Great Britain, it is estimated that more than 2 million people are exposed to dangerous noise levels at work. NIHL is the second most common reason for making a work injury claim.
Loud noises usually damage the cochlea, an essential component of the inner ear involved in hearing. Symptoms of noise induced hearing loss include:
- A feeling of fullness or pressure in the ear
- Difficulty hearing speech, especially if there’s a background noise
- Sensitivity to high-pitched or loud noises
- Finding it hard to concentrate
- Pain in the ears after loud noise exposure
- Ringing, roaring or buzzing sounds in the ears
- Diplacusis or double hearing
- Speech that seems muffled or far away
- Feeling the need to raise the volume of electronic devices
- Difficulties in communicating face to face or over the phone
The symptoms may be immediate or develop over time and might last from minutes to days after exposure. The hearing may return, but if more cells get damaged over time, you can suffer permanent loss of hearing.
As the hearing fades, this can lead to more problems like:
- Social interaction problems
- Headaches
- Mobility issues
- Trouble sleeping
- Irritability
- Anxiety and depression
NIHL is preventable, but it cannot be cured. There are, however, several treatment options (see also the NHS guidance on hearing loss):
- Hearing aids that are placed outside or inside the ear. Some work by amplifying sound, while others also reduce background noise.
- Cochlear implants consist of an external device and an internal part surgically implanted in the inner ear to help directly stimulate the auditory nerves. They are typically used in the case of high-frequency hearing loss.
- Therapy to help you learn some techniques such as lip-reading to help improve your quality of life.
- Sound amplifiers include devices that can amplify the sound on your television or phone.
If you developed any NIHL symptoms due to poor workplace practices, you should speak to a trained legal adviser by calling 0800 470 0472 for a free consultation. They can let you know if you might be eligible to make a noise induced hearing loss claim and answer any questions you might have.
Our no win no fee guarantee ensures you never have to worry about unexpected fees or financial risk. Your solicitor will only receive a success fee if they win your claim.
Learn moreWho is at risk of suffering noise induced hearing loss?
Every person of any age can be affected by NIHL if they are exposed to sudden deafening sounds or continuous loud noises. However, it is a concerning occupational risk in certain industries, with over 2 million people exposed to unacceptable levels of noise at work.
In the UK, a study conducted in 2002 showed that around 180,000 people between 35 and 64 years old developed severe hearing difficulties attributable to high noise levels at work. Considering also the tinnitus cases, this amounts to 350,000 people severely affected by NIHL due to working conditions.
There are some workplaces and professions with high rates of noise induced hearing loss, such as:
- Musicians
- Landscapers
- Road maintenance
- Agriculture
- Heavy industry
- Building sites
- Aviation
- Car manufacturing
- Mining
- Factories
- Bars and nightclubs
- The military
- Call centre employees
Exposure to vibrations may increase the risk of developing noise induced hearing loss. Mechanical vibrations to the hand caused by work equipment such as chainsaws, power drills or polishers can also cause vasoconstriction in the ears, contributing to the development of NIHL.
Your workplace might be causing you hearing loss if:
- You are exposed to intrusive noise for most of the working day
- You have to raise your voice to have a conversation with someone standing 2 meters away
- You use power tools or machinery for more than half an hour a day
- You have muffled hearing at the end of the day
Leaving hearing problems untreated can lead to significant or permanent loss of hearing. Early intervention can help prevent additional damage.
In loud working environments, your employer has the duty to assess the noise level you are exposed to at work and take the required safety measures, but you also have the responsibility to:
- Cooperate and properly wear any hearing protection you are given all the time while working
- Look after your protective equipment
- Report any problems with your noise control devices straight away
- Let your employer know about any hearing problems you might be facing straight away
Is my employer responsible for protecting me against hearing loss?
Employers have the legal duty to take all reasonable measures to prevent and reduce exposure to loud noise at work and ensure their employees are not put at any foreseeable risk.
Noise and the Worker, published in 1963, was the first publication highlighting the dangers of excessive noise and giving employers guidelines on protecting employees from exposure.
Unfortunately, loud noise is a part of many industries and cannot be avoided entirely. For the moment, there is no suitable substitute for high-powered equipment and heavy machinery that produce deafening sounds.
There are several laws that regulate health and safety at work, aiming to safeguard employees from NIHL, the most recent being The Control of Noise at Work Regulations 2005. According to the legislation, employers have a duty of care to assess the risk to employees and take actions to reduce noise exposure:
- Use quieter equipment when possible
- Reduce the noise levels by fitting silencers on machinery
- Ensure the legal limits of noise are not surpassed
- Provide instruction, training and supervision to employees
- Carry out regular health surveillance where there’s a risk for NIHL
- Provide staff with hearing protection equipment
- Give reasonable breaks away from the noisy environment
- Install sound barriers and absorbent materials
- Regularly consult workers and their representatives
- Change the work pattern or layout of the workplace
According to the Royal National Institute for Deaf People (RNID), your hearing can suffer damage over time if you are exposed to noises over 85dB, approximately the level of noise a food blender would produce.
If a working environment reaches the lower exposure action values set out in the Control of Noise at Work Regulations 2005, your employer must assess the risk to your hearing and take the necessary actions to reduce it. Failing to do so may make them liable for hearing loss compensation if you suffer NIHL.
To find out more about your employer’s legal duty and whether you can make a hearing loss claim against them, call 0800 470 0472 or enter your contact details for a free consultation with a legal adviser.
If you are a current or former employee of British Telecom and have suffered hearing loss, check out our BT hearing loss claims page.
How much compensation can I claim for noise induced hearing loss?
Compensation Calculator
Use our compensation calculator to find out how much compensation your hearing loss claim could be worth. It only takes a couple of minutes.
Calculate NowIf your employer breaks their duty of care to keep you safe from loud noises at work, you might be entitled to make a noise induced hearing loss claim against them. If your claim is successful, you could receive compensation for:
Special damages for the financial losses you suffered because of your NIHL condition. These include both present and future losses, such as:
- Medical expenses
- Transportation costs
- Lost wages, including future losses
- Hearing aids
- Cost of therapy and psychological support
- Special equipment costs such as phones and adapted doorbells
- Costs of care
Special damages are often easy to calculate by summing up all the financial expenses incurred due to the hearing loss. It is less straightforward to calculate the cost of future medical care and wage loss, but this can be assessed with the help of expert witnesses and other available evidence.
General damages compensate for the non-monetary aspects suffered because of your hearing damage, including:
- Physical pain and suffering
- Emotional and psychological trauma
- Loss of consortium
- Reduced quality of life
- Inability to pursue a hobby
- Loss of social interaction
- Loss of enjoyment of life
- Mental anguish
It might be a lot more difficult to calculate the amount of hearing loss compensation for general damages. They are subjective losses, unique to each claimant and hard to quantify.
A suitable award is calculated based on the severity of the injury and referring to the guidelines published by the Judicial College (18th Edition). Accordingly, you could get the following compensation based on your specific circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| Deafness Or Tinnitus | Severe tinnitus and noise-induced hearing loss (NIHL) | £39,000 - £60,000 |
| Total hearing loss in one ear | £41,000 - £60,000 | |
| Mild tinnitus with some noise-induced hearing loss (NIHL) | £17,000 - £20,000 | |
| Slight or occasional tinnitus with slight noise-induced hearing loss (NIHL) | £9,700 - £17,000 | |
| Mild tinnitus or mild noise-induced hearing loss (NIHL) | In the region of £15,000 | |
| Slight noise-induced hearing loss (NIHL) or slight tinnitus | Up to £9,300 |
To find more about your compensation prospects and what you could claim for, call 0800 470 0472 or request a call back to receive a free consultation with a legal adviser.
How long do I have to make a hearing loss compensation claim?
In most noise induced hearing loss claims due to an occupational hazard, you will have three years to start a claim after:
- You were exposed to an extremely loud sound in the workplace, causing you to develop immediate symptoms.
- You first knew or should have reasonably suspected that you developed hearing difficulties that might have been caused by exposure to loud noises at the workplace. This is the date of knowledge of your injury and is determined considering your circumstances and the timeline and severity of your NIHL symptoms.
Often, NIHL takes many years to show symptoms of damage to your inner ear. You maybe even left your workplace by then, or your employer might have closed down. As long as you start legal proceedings within three years from the date of knowledge of your injury, you will generally still be entitled to pursue a hearing loss compensation claim.
The last date you can start a hearing loss claim is known as the claim limitation date. If you do not begin legal proceedings within the time limit, your case will be statute-barred, and you will be no longer entitled to claim compensation.
However, you should never wait until the last moment to seek legal advice. The claim limitation date refers to the last day you can start legal proceedings. Gathering evidence and preparing the legal documents could take a lot of time. Solicitors don’t usually take on a claim with less than six months remaining until the limitation date.
If you feel you may have a valid noise induced hearing loss claim, call 0800 470 0472 for a free consultation with a legal adviser and find out when your date of knowledge might have been.
Can I claim on a no win no fee basis?
Before taking on your case, a solicitor will offer you a free initial consultation to establish how and when you developed NIHL and how severe your symptoms are. If they believe your case is solid and you have no other form of legal expenses insurance, they will offer you a no win no fee agreement.
Also called a conditional fee agreement, this is the preferred way of funding a personal injury claim. This is designed to minimise your financial risk; if your claim is successful, you will receive hearing loss compensation. If your case fails, you will not have to pay anything to your solicitor.
You will only have to pay a success fee to your solicitor if you receive compensation. The success fee covers their services and cannot exceed 25% of certain elements of your compensation.
Friendly legal advisors are available to discuss your hearing loss claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation. If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.
