Hearing Loss Work Accident Claims - A Solicitor's Guide

Many people working or living in noisy environments complain of damage caused to their hearing

. An environment which could be hazardous to your hearing is working with loud factory machinery or living next to road works using pneumatic drills. Social activities such as regular clubbing or clay pigeon shooting can also be the cause of hearing loss. It is important if you have suffered damage to your hearing that you ask your GP exactly what he/she thinks the cause is. The GP may refer you to a specialist who will use an audiogram to assess the level of damage caused to your hearing.

The following are signs that you may be suffering damage to your hearing:

- Your understanding of people's speech is becoming inhibited.

- It may be that you notice that you cannot hear background noise or whispers anymore

- Loud sounds can often be painful, leaving a ringing noise in your ears

- You have tinnitus (constant buzzing or ringing in your ears)

One of the most widespread causes of hearing loss is prolonged exposure to noise pollution encountered whilst at work. If you have suffered damage to your hearing whilst working then you may be entitled to claim compensation from your employer.

An employer is under a statutory duty to do a risk assessment of noise pollution in the working environment (Control of Noise at Work Regulations 2005). They are also under a duty to implement protective measures when noise levels reach 85dB(A). Examples of tools or processes, which would cause noise to reach this level, are using power drills or arc welding.

If employees are exposed to a high level of noise an employer should provide ear protection. It is the employer's responsibility to make sure that protective ear wear is changed regularly so that it remains hygienic and also that it does not cause dangerous isolation for the employee wearing it. An employer should also implement changes to the environment to reduce the noise such as design a timetable so that not just one employee is consistently exposed to the noise, use cushioning material to prevent vibration noise ('damping') and raise barriers or screens to prevent noise travelling. Although not a strict legal requirement, it is often good practice for an employer to provide regular health check ups for employees with high exposure to noise with an occupational health provider.

If an employer fails to do a sufficient risk assessment or fails to provide adequate ear protection and consequently one or more employees suffer damage to their hearing, they may be entitled to make work accident claims for compensation.

If you have suffered damage to your hearing because of exposure to loud noise whilst working, then get in touch with a specialised accident claim solicitor for further guidance on whether or not you are entitled to claim for compensation. The amount of damages which you are award will be proportional to the level of injury suffered and what effect the injury will have on your future.

by: Tim Bishop

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