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Author: admin | 04.04.2016 | Category: Ear Drops For Tinnitus

Noise induced hearing loss claims, or industrial deafness claims, traditionally arose from the hard industrial processes such as steel making, ship-building and repair and the car assembly plants where the employees were exposed to sustained periods of excessively loud noise. In addition to the noise induced hearing loss causes already mentioned above there are other ways the injury can be caused that could entitle you to compensation.
Many people who have worked in noisy environments in the past often don’t realise, or want to admit, that they now have a problem with hearing loss as a result. The Company or employer would be at fault if at the relevant times they failed to ensure a safe system of working which may include the supply of, and monitoring the use of, ear defenders that has result in industrial deafness. The noise level at which employers should be enforcing the use of ear defenders is 85db as regular exposure to noise above this level are hazardous to hearing. Below is a list indicating the noise levels encountered when using various machines or in various environments. Yes but we will make all the arrangements for this and the assessment will be done close to your home and at no cost to you. If you have suffered injury due to the fault of more than one employer then you can claim against all of them.
To ascertain whether or not you are suffering from noise induced hearing loss you would have to be examined by an Ear, Nose and Throat (ENT) Surgeon and an Audiologist. Based on the criteria published by Coles, Lutman and Buffin – Guidelines on the diagnosis of noise induced hearing loss for medicolegal purposes it is generally accepted that the audiogram would show a “notch” or “bulge” if a person is suffering from NIHL.
There are many legal and practical difficulties to overcome in making a successful claim for compensation for NIHL. If part of your noise exposure was pre 1st January 1963 and part of your noise exposure was post 1st January 1963 then you can make a claim for compensation but any award would be discounted (in terms of a percentage) to account for the non-negligent exposure before 1st January 1963. It is clear from the examples above that a claim for NIHL can be quite complex depending on the circumstances of the case.

Here at The Injury Lawyers we specialise solely in personal injury so don’t hesitate to call FREE from a landline or mobile on 0800 634 75 75 to discuss a NIHL claim today. We will mention some below, but if you believe you have suffered hearing loss as a result of your working environment, whether we list it below ot not, then contact us today and let us see if we can help you claim your entitled compensation. If you think you have been exposed to noise through anything listed below, or any other source of loud noise at work, please contact us for a free claim assessment. As such many people are unaware that they may be suffering from noise induced hearing loss (NIHL) and may be entitled to make a claim for compensation. This is because people with “normal” hearing would notice that the television is excessively loud or that you had to ask people to repeat parts of conversation. You would have a hearing test and the test result would be displayed on a graph known as an audiogram.
The first point to note is that you cannot bring a claim for compensation for NIHL if your noise exposure at work occurred solely before 1st January 1963.
Personally I have come across many potential Claimants who have said “I thought that I would not be able to make a claim as the company that exposed me to noise is no longer trading”.
The answer is simple really – your Solicitor would have to try and find out who insured the company at the time that you were exposed to noise. Therefore it is essential that you seek advice from experienced and qualified specialists in the personal injury field – someone like ourselves.
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Even if you have been retired a number of years and your employers are no longer trading, you still may be able to make a claim for compensation. The audiogram would show your hearing levels at different frequencies, and based on this, an ENT expert would be able to give an opinion as to whether or not you are suffering from NIHL.

Some experts argue that, as a person gets older and acquires additional age associated hearing loss, any NIHL becomes “masked” and not as clear in the audiogram. This is because it is accepted in law that employers were not aware of the dangers of noise exposure before 1st January 1963.
Whilst it is more straightforward if the Defendant company is trading, you can still make a claim against a dissolved company.
This is not always possible as NIHL claims are historic claims and finding out who insured a company back in the late 1960’s or 1970’s for example is not always possible. Diagnosing NIHL is not an exact science and it may be necessary to obtain more than one expert opinion.
However, there are tools available to the Solicitor and therefore it is worth at least trying to ascertain the Defendants insurers.
Noise damage affects hearing at certain frequencies and therefore the shape of the audiogram is key in making a diagnosis of NIHL.
Your Solicitor would be able to carry out a search with the Association of British Insurers; this is known as an ABI search. Although an ABI search would not guarantee a result, it can be the lead you need to trace the insurers and bring a claim for compensation.

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