It Is Possible To Obtain Compensation For Hearing Loss
>> Read About How To Claim For Hearing Loss
The HSE records that over one million employees in Great Britain are exposed to levels of noise which put their hearing at risk.
The current regulations regulating noise at work are the Control of Noise at Work Regulations 2005, which came into force for all industry sectors in Great Britain on 6th April 2006 (except for the musical entertainment sectors where they came into force on 6th April 2008).
The Control of Work at Noise at Work Regulations 2005 replaced the previous Noise at Work Regulations 1989.
From 1963, all employees should have been aware of the dangers of excessive noise and potential to cause both hearing loss and tinnitus.
The current Employers at Work Regulations require that hearing protection is provided when sound is over 85 decibels (daily or weekly average exposure) and the level at which employers must assess the risk to work and provide you with information and training is now 80 decibels.
All employers who employ staff in a noisy or potentially noisy environment must therefore carry out noise surveys, identifying the average level of noise in the workplace.
>> Read More About Hearing Loss and Tinnitus
The HSE guidance is that, as a worker, you are at risk in relation to noise if you can answer yes to any of the following questions:
1) Is the noise intrusive, like a vacuum cleaner or a crowded restaurant for most of the working day?
2)Do you have to raise your voice to have a normal conversation when about 2 metres apart for at least part of the day?
3) Do you use noisy power tools or machines for over half an hour a day?
4) Do you work in a noisy industry e.g. construction, demolition or road repair, wood working, plastics, processing, engineering, textile manufacture, general fabrication, forging, crashing or stamping, paper or board making, canning or bottling, foundries?
5) Are there noises because of impact e.g. hammering, forging, pneumatic impact tools etc, explosive sources such as cartridge operator tools or detonators or guns?
6) Do you have muffled hearing at the end of the day, even if it is better by the next morning?
The symptoms and any signs of hearing loss are as follows:
1) Conversation becomes difficult or impossible.
2) Your family complains about the television being too loud.
3) You have trouble using the telephone.
4) You find it difficult to catch sounds like “T”, “D” and “S”, so you confuse similar words.
5) Permanent tinnitus (ringing, whistling, buzzing or humming in the ears).
As with other types of personal injury claims, you only have 3 years from the date of knowledge to issue a claim at Court.
The date of knowledge is taken as being the date of which you knew, or ought to have known, that you had a problem with your hearing and it is was related to work.
It can take many years to realise that you have got a problem with your hearing and therefore, even if you were employed over 20 years ago, it may still be possible to make a claim in relation to noise induced hearing loss, subject to being able to trace the company/their insurers from the time that you were employed with them.
If you work in an environment where the noise is at 80 decibels or above, your employer must take steps to consider the dangers to your health from the noise and also consider how to eliminate or reduce the noise.
This may mean altering systems at work or using different types of work equipment to do the same job or providing different types of hearing protection.
If you have any concerns about your hearing you should immediately consult your GP. If you believe that you have hearing loss and it is due to negligence on behalf of your employers and you wish to claim compensation, you should consult a solicitor as soon as possible.
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