Acoustic Shock
Compensation Claims

Things to consider when making an acoustic shock claim

• Acoustic shock claims can result in compensation from £8,080 for mild, occasional tinnitus to as much as £448,180 for deafness in both ears.
• Employers have a specific legal duty of care to manage noise levels and provide suitable ear protection to at-risk workers.
• Owners and operators of bars, concert venues and other public places owe a duty of care to patrons and staff to reduce the risk of ear injury.
• You can claim whether your ear injury took place at work, in a road collision, in a public space, or due to medical negligence.
• There is a 3-year time limit from the injury date to start your claim.
• You can start a claim with no win, no fee.
• Your compensation will depend on the seriousness of your injury, and your financial losses and expenses. Find out how much you can claim with our compensation calculator.

Have you been affected by acoustic shock? We can help.

Acoustic shock incidents, often occurring in workplaces with high noise levels, can lead to hearing loss and tinnitus. Employees suffering from acoustic shock due to inadequate hearing protection or noise control measures provided by employers may be eligible for compensation.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation. You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

You are not alone - Around 11,000 UK workers report hearing problems each year

Acoustic shock is a recognised industrial injury caused by exposure to a short, unexpected, high frequency, high intensity sound, such as a gunshot or audio feedback.

An estimated 11,000 workers with work-related hearing problems and 85 cases of occupational deafness were reported in 2022/23 (hse.gov.uk).

Call centre employees are particularly susceptible because of their prolonged use of headsets. There are currently 6,000 call centres employing over 850,000 call centre workers in the UK (employment-studies.co.uk).

If you have suffered from acoustic shock, you may be entitled to claim compensation if the correct steps were not taken to safeguard you against it.

If you decide to make an acoustic shock claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

What are the chances of making a successful claim?

These are many successful incidences of this type of claim amongst call centre workers. As the legislation doesn't provide for the prevention of sounds below 118 decibels, cases often revolve around proving the employers lack of attention to the problem. A solicitor can help in gathering evidence to support this.

If an employee had reported an incident and subsequent symptoms to an employer and they failed to act, resulting in more long term damage such as anxiety and depression, it would be difficult to build a defence.

How much compensation can I claim for acoustic shock?

Your compensation for acoustic shock will vary according to:

• the degree of your injury,
• the influence of your injury on your life and work capabilities,
• any financial expenses or losses you?ve had due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, special damages can cover any care costs and medical procedures you need, such as removal from noise source, hearing aids and cognitive behavioral therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average acoustic shock general damages compensation table

The following acoustic shock payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Hearing loss

Tinnitus & Noise-Induced Hearing Loss

What are the symptoms of acoustic shock?

Acoustic shock occurs when a trigger noise, such as feedback oscillation, fax or signalling or even a shout down the line, causes a strong muscle contraction in the middle ear which leads to a tearing of the inner membrane.

Those who have been affected by acoustic shock will understand the impact it has. Not only can it lead to permanent tinnitus and/or hearing loss symptoms (not measurable with audiometric testing), but it has also been recognised as bringing on a range of other unwelcome symptoms, including:

• Ear pain
• Headache
• Nausea
• Jaw and neck pain
• A hollow feeling or fluttering noises in the ear
• Poor balance
• Anxiety
• Hypersensitivity
• Fatigue

Such symptoms can be hugely detrimental to a person's quality of life - for example leading to poor performance at work and long term depression. The compensation sum should reflect the severity of these effects.

Tackling acoustic shock

Acoustic shock is a relatively new industrial accident phenomenon, and, as such, its prevention has been something employers have had to integrate into their current working systems.

Since 1991, major manufacturers of headsets have incorporated acoustic limiter into the electronics of many headsets. These ensure that any type of noise is above the legal limit (118 decibels) is not transmitted.

In 2004, the Acoustic Safety Programme (ASP) was set up to help businesses and call centre operators protect their staff from the causes and symptoms of noise interference and acoustic shock delivered via telephone and headset systems.

However, despite these initiatives, many cases of acoustic shock as still reported each year.

Who is liable in acoustic shock compensation claims?

If the condition occurs in a call centre, acoustic shock liability would lie with the call centre operator. Acoustic shock is not referred to specifically in current legislation. However, employers are legally bound to provide staff with a safe working environment. This includes protecting them, as is reasonably practical, from acoustic shock and training them on risks.

These requirements fall under the Health and Safety at Work etc. Act 1974 and the Noise at Work Regulations 2005, and interpreted through a range of Health Safety Executive (HSE) guidelines.

The Control of Noise at Work Regulations 2005 stipulate that 118 decibels is the maximum noise that employees should be exposed to - the same limit used by headphone manufacturers. However, acoustic shock can occur below this level.

Because of this, employers should also take additional steps including encouraging staff to report incidents and keeping a record of these events to escalate to RIDDOR.

How the cause of your acoustic shock injury impacts the claims process

The process for making a claim varies with how your hearing injury happened. Click the icons to learn more.

Work accidents Public places Road accidents Medical negligence Other accidents

Sources

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.