People who have lost their hearing due to a workplace accident or illness are entitled to receive compensation for their pain and suffering under the Control of Noise at Work Regulations 2005. If the affliction is affecting their personal and professional lives and negligence or carelessness on the part of their employers can be proven, then people can claim compensation from their employers even if their contract of employment has been terminated.
If you are one of these people, you should stop asking yourself, “Can I claim for partial hearing loss at work?” and keep reading the rest of this post in order to find out how and what exactly you can claim.
Your entitlement to benefits
The benefits that you are entitled to receive after an accident resulting in hearing loss will depend on the severity of your condition. Difficulties with communication, how hearing loss affects your personal and professional life and whether or not you need personal care are some of the things that a solicitor will take into account when pursuing your claim.
For some benefits, your savings and income will also be taken into account. You may be awarded special benefits if you are unemployed or if your family is dependent on your income. If your condition is severe, you can also claim disability benefit. Some of the benefits you may receive are Industrial Injuries Disability Benefit, Employment Support Allowance and Community Care Grants.
Things to know before filing your claim
If you have suffered a work-related accident that damaged your hearing, you can contact our personal injury solicitors at Accident Advice Helpline to make a claim against your employer. Although many jobs require people to work in environments where noise levels are potentially hazardous to hearing, employers have the responsibility to provide all their workers with adequate personal protective equipment. If the equipment is flawed or missing, employers can be held liable for any short- or long-lasting damage to hearing. Thus, if you suffer from partial hearing loss, it is more important to call our free number 0800 689 0500 and begin a legal action against your employer instead of wondering, “can I claim for partial hearing loss at work?”
Pursuing your claim
To ensure the success of your claim, it will be necessary to demonstrate that your employer did nothing to protect you from harmful exposure to noise. Generally, all hearing loss accident claims can be brought against employers under the Control of Noise at Work Regulations 2005 and the Health and Safety at Work etc. Act 1974. According to these regulations, employers have the duty to prevent their employees from getting injured whilst at work. If your employer has failed in his or her duty of care, resulting in you getting injured, you can file a claim for compensation against him or her within three years from the date of the accident.
Date Published: May 4, 2014
Author: David Brown