Tinnitus, described by people as a ringing, swishing or other noise, typically indicates a serious problem of an underlying condition that affects hearing. In fact, tinnitus is nothing else than a symptom of an ear injury or age-related hearing loss.
If you have developed this condition due to a workplace injury, occupational noise exposure, or work-related acoustic trauma, you can file a claim for tinnitus against your employer.
Things you need to establish in order to pursue your claim
As with any other personal injury claim, it is very important to understand the legal proceedings associated with claiming compensation for tinnitus. First of all, you need to demonstrate that your condition is due to someone else’s negligence in order to have a claim. If you intend to make your claim against your employer, you can bring your case under the Noise and Work Regulations 1989.
According to these regulations, employers have a duty of care to protect their workers from the injuries that can be caused by exposure to noise. For instance, if you work in a noisy environment, your employer should provide you with special hearing protection. If such protection is unavailable, the level of noise should not exceed 80 decibels.
If you develop tinnitus as a result of improper working conditions, you must file your claim within three years of the diagnosis. Courts are willing, however, to extend this timeframe in certain circumstances. Thus, it is important to talk to a personal injury solicitor in order to decide whether you have or not a valid claim.
People at high risk of developing tinnitus are those who work or have worked in construction, engineering, stone cutting, and shipbuilding. Military personnel, fire fighters and workers who handle noisy machinery, such as saws, grinders, jack hammers, presses and drills, can also develop this condition.
If you believe that you suffer from tinnitus, it is essential to consult a physician who can confirm that your condition is the result of occupational noise exposure. If your condition has been caused by a work incident, such as an unexpected loud noise in close proximity, you may also be entitled to claim compensation for tinnitus.
Can you make a claim for tinnitus if the company has been dissolved?
Yes, you can make a claim for tinnitus even if your employer has gone out of business. Since the compensation claims are made against employers’ insurers, we can easily trace your employer’s insurance company and file the claim against it.
At Accident Advice Helpline, we have all the tools that we need in order to trace the insurers of any company, including of those that have been out of business for many years.
We also know that the cost of legal advice can be a worry. For this reason, we will advise you free of charge in the beginning. Furthermore, we will help you understand the options that you have to file your claim, so that you can choose the best alternative for you.
Since our experienced solicitors are supportive, professional, and truly efficient, approaching us is one of the best decisions you can ever make. To file a claim for tinnitus today, call our freephone number: 0800 689 0500.
Date Published: November 29, 2013
Author: David Brown
Category: Industrial illness claims