If industrial deafness has set you back, we'll help you move forward

Industrial deafness, or noise-induced hearing loss, is a concern among workers in a wide and growing range of industries. From construction sites to manufacturing plants, the constant exposure to loud noise can lead to permanent damage to the ears, resulting in difficulty hearing and communicating.

If you have suffered industrial deafness as a result of your employer's negligence, you could be entitled to make a claim for No Win, No Fee compensation.

You are not alone

Industrial deafness is also known as Occupational Deafness or Noise-Induced Hearing Loss (NIHL).

In 2022/23, the HSE recorded an estimated 11,000 workers with work-related hearing problems, and 85 cases of occupational deafness (hse.gov.uk).

According to the data, the highest rates of industrial deafness occur in the extraction, construction, energy and manufacturing industries.

If you decide to make an industrial deafness 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.

Am I eligible for industrial deafness compensation?

You should be entitled to industrial deafness compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

Is a claim still possible if I was partly responsible for my injury?

Understanding who is legally at fault for an accident often requires navigating through a maze of legal complexities.

Each year, Quittance carries out a survey of potential claimants. In our 2024 Work Injury Claimant Survey, 26.02% of injured workers felt they might be at least partly to blame for their injuries.

You could still be able to claim even if you were partly responsible for your injury or illness. Even if an employee's mistake caused your injury or illness, your employer would usually be liable, so you can still claim compensation.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long after an industrial deafness diagnosis do I have to start a claim?

In most cases, you have up to 3 years from the date of your accident or injury to start a claim.

If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.

How much compensation can I claim for an industrial deafness?

The compensation you could claim for your injury will depend on:

  • the extent of the damage to your hearing, and
  • any financial losses or costs you have incurred.

Your solicitor will consider the many ways your hearing loss has affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

Industrial deafness compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated April 2024 Compensation Calculator v3.04

General damages

Compensation for pain, suffering, and loss of amenity (PSLA), known as general damages in personal injury cases, is regulated by the Judicial College. The Judicial College publishes comprehensive guidelines outlining the specific amounts awarded for general damages in personal injury claims.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are for financial losses and expenses you have incurred because of your hearing loss. In addition to paying for loss of earnings (including future anticipated earnings loss), retraining costs, career trajectory impact, special damages can cover any care costs and medical procedures you need, such as hearing aids, regular audiological check-ups and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

Average industrial deafness general damages compensation

The following industrial deafness payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth 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).

Example Amount
Hearing loss
Minor deafness or tinnitus Up to £6,370
Moderate deafness or tinnitus £11,450 to £13,550
Total loss in one ear £28,460 to £41,400
Serious deafness or tinnitus £13,550 to £27,010
Severe deafness or tinnitus £27,010 to £41,400
Total deafness £82,500 to £99,680

The claims process for industrial deafness

Getting a diagnosis

Industrial deafness is known as a 'latency' disease, meaning symptoms often only appear years or decades after the initial exposure or cause. For this reason, people may put the symptoms down to ageing, rather than their previous employment. Key indicators of industrial deafness include:

  • Finding it hard to keep up with conversations
  • Not being able to hear a conversation where there is background noise
  • Struggling to use the telephone
  • Having to turn the television volume up high

Establishing industrial deafness is the first step in any industrial disease compensation claim, and a solicitor can help arrange a medical examination to do this. Not only will they assess physical symptoms, but they will also ask questions regarding work history and exposure to noise.

Demonstrating the cause

Inadequate Personal Protective Equipment (PPE) is a common cause of industrial deafness. The medical report will be a key piece of evidence in determining the cause.

Once a report by a medical expert has been obtained, a solicitor will help establish that a particular employment and noise source was indeed the cause. Example cases include an engineer exposed to excessive noise over a long period of time and a demolition operative subjected to a sudden, extremely loud bang.

The claimant's account of events can be supported by witness accounts as well as documentary evidence from employers.

Establishing legal responsibility

The next step is proving that an employer could have foreseen that industrial deafness or a related condition, such as tinnitus or acoustic shock syndrome, could have occurred. In addition, it must be shown that an employer was legally negligent in protecting the claimant from the noise.

What are my employer's legal duties?

Employers have a legal ‘duty of care' to ensure they keep their employees safe from harm. General provisions for this are made in a number of health and safety laws and regulations, including the Health and Safety at Work etc. Act 1974 (hse.gov.uk).

For industrial deafness specifically, there are much stricter controls in place than was the case in earlier decades.

The primary piece of legislation is the Control of Noise at Work Regulations 2005 (legislation.gov.uk). The aim of the regulations is to ensure that workers' hearing is protected from excessive noise at work.

In order to comply, employers must carry out a thorough risk assessment of the noise in the work environment and who it affects. They must then put procedures in place to reduce the risks and comply with the law. This includes ensuring adequate controls are adopted to keep noise below or within the legal limit (80-85 decibels) - measures such as:

  • Using quieter machinery
  • Installing barriers and absorbent materials
  • Shortening working periods
  • Providing personal protective equipment (PPE) i.e. earplugs

Employers are also required to train staff on the risks, carry out regular monitoring and maintenance and provide health surveillance - monitoring workers' hearing ability.

How did your injury happen?

The compensation claims process will depend on where and how your industrial deafness occurred. Click the icons below for more information:

No win, no fee industrial deafness compensation claims

With no win, no fee, you can claim industrial deafness compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to an injury specialist about your claim?

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Chris Salmon, Director

Author:
Chris Salmon, Director