In order to make a potentially successful claim for industrial deafness, you need to be found to have suffered hearing loss because of your job. Over a period of time the noise generated by machinery, can lead to hearing damage, including conditions such as tinnitus. Loss of hearing can have unfortunate consequences on lifestyle and even the ability to earn a living. This is why, if you are suffering from the condition, you may be able to lodge an industrial deafness claim. However, if you are to make a claim you must be shown not to have brought the condition on yourself.
Unfortunately, staff and workers are quite capable of inflicting workplace injuries, along with industrial deafness, on themselves. This is often caused by failing to follow health and safety procedures or not wearing the protective clothing and equipment provided. For example, if you have been shown the correct procedure and given suitable ear protection to wear your employer can be deemed to have shown due care. However, if you fail to follow those procedures and do not wear the ear protection you will be deemed to have brought the injury on yourself, should your hearing deteriorate. It would therefore be extremely difficult to win any claim for compensation.
You could qualify for industrial deafness compensation if your employer can be shown to have failed in terms of duty of care and does not provide you with the required ear protection. In such cases, should you suffer hearing damage, you could be eligible to make an industrial accident claim.
Making an industrial deafness claim
Before making a claim it will first have to be determined to what extent your hearing has been affected. This can be done by contacting your doctor, who may then refer you to a specialist. It is important that this is done as soon as you begin to become aware of the symptoms of hearing loss. This is because there is often a time limit, usually three years, between identifying the symptoms and making the claim.
When making a claim for industrial hearing compensation it is always best to seek the services of legal specialists. This is because the whole process can be both complicated and stressful.
Our specialist personal injury solicitors, in conjunction with our medical experts, will help take much of the pressure off your shoulders.
We will first identify whether you actually do have a case for compensation, which is to say you were not responsible for your loss of hearing. If you do have a case we will try and secure as much compensation as possible. It is here that your medical report on the injury could prove crucial, as the amount of compensation awarded is often related to the severity of the injury.
It is very important that you seek legal assistance, as your employer may well decide to contest the case. Even if liability is accepted the offer is likely to be lower than a court might award.
How much will our assistance cost?
We will open the case for you free of charge and you will also be represented on a ‘no win, no fee*’* basis. This means that if you win the case you will receive 100% of your compensation and if you lose you will not have to pay our fees.
Call us free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim.
Date Published: October 1, 2013
Author: David Brown