Noise-Induced Hearing Loss Compensation Claims
If you have been affected by Noise-Induced Hearing Loss, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
What is Noise-Induced Hearing Loss (NIHL)?
Noise-Induced Hearing Loss is an umbrella term that includes several different hearing conditions, including:
- Acoustic shock syndrome - damage to the ear caused either by a single intense "impulse" sound at close proximity, such as an explosion, or through repeated exposure to high-frequency, high-intensity sounds through a headset.
- Tinnitus - a ringing, buzzing, or whistling sound in one or both ears.
- Occupational deafness - permanent cell damage to the inner ear that causes partial or complete deafness.
Damage typically occurs gradually. Over time, sounds may become muffled or distorted, and it may become difficult to understand other people when they speak.
The damage from Noise-Induced Hearing Loss, combined with aging, can lead to hearing impairment so severe that hearing aids are necessary to amplify sounds.
NIHL can make it very challenging to communicate and engage in daily activities.
How common is NIHL?
Exposure to noise at work is the most common cause of adult-onset deafness.
Figures released by the Health and Safety Executive (HSE) show that an estimated 18,000 people have Noise-Induced Hearing Loss (NIHL) that was caused or exacerbated, by their work environment.
Thousands of new claims for NIHL are made each year, accounting for around 75% of all industrial disease compensation claims made against employers.
If you have suffered Noise-Induced Hearing Loss as a result of your work, you may be able to claim financial compensation.
Who is at risk of Noise-Induced Hearing Loss?
Noise-Induced Hearing Loss occurs most commonly in people working in environments where the noise levels are over 80dBA. Exposure to high levels of noise over a long period can cause permanent hearing impairment. The effects are usually irreversible.
Quittance's panel of solicitors have helped workers who have suffered NIHL in a variety of industries, including:
- Car manufacturing
- Road drilling.
Whichever industry you work in, if you have a hearing impairment as a result of your working conditions, you may be able to claim compensation.
Do I have an injury claim?
It should be possible to make an injury claim if:
- you were diagnosed in the last 3 years and;
- someone else, such as your employer, was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
Do I need a diagnosis before I can make a noise-induced hearing loss claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a noise-induced hearing loss claim after an accident, the more likely your claim is to succeed.
Is my employer liable?
Employers have a duty of care to protect staff from the risk of NIHL in the workplace.
There are several laws governing health and safety, including the Health and Safety at Work etc. Act 1974. However, the primary piece of legislation is the Control of Noise at Work Regulations 2005.
These regulations aim to protect your hearing from excessive noise at work.
To comply with the legislation, employers must carry out a thorough risk assessment of the noise levels in the work environment. When noise reaches the legal limit of 80 to 85 decibels, the employer must take action to reduce the noise. Measures might include:
- Using quieter machinery
- Installing sound barriers and absorbent materials
- Shortening working periods
Personal Protective Equipment (PPE)
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
Suitable PPE for people working in noisy environments can include disposable ear plugs, corded ear plugs, ear defenders and helmet mounted ear defenders.
If you are injured as a result of air pollution at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.
What if my employer has ceased trading?
It is possible to bring a claim even if your employer has ceased trading. Your solicitor will trace your former employer's insurers through Employers' Liability Tracing Office (ELTO). A compensation settlement will then be negotiated with the insurance company.
If in the unlikely event, court action against an employer that has 'dissolved' is necessary, the employer could be reinstated to the Register of Companies held at Companies House.
The personal injury solicitor will conduct this process as part of the legal process.
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Noise-Induced Hearing Loss compensation amounts
The following Noise-Induced Hearing Loss payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Hearing loss||Minor||Minor deafness or tinnitus||Up to £5,590|
|Hearing loss||Moderate||Moderate deafness or tinnitus||£10,040 to £11,890|
|Hearing loss||Serious||Total loss in one ear||£24,950 to £36,310|
|Hearing loss||Serious||Serious deafness or tinnitus||£11,890 to £23,670|
|Hearing loss||Severe||Severe deafness or tinnitus||£23,670 to £36,310|
|Hearing loss||Very Severe||Total deafness||£72,330 to £87,410|
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a Noise-Induced Hearing Loss claim take?
The length of time needed to settle a NIHL claim can vary significantly.
A straightforward liability accepted injury claim could be settled in a few weeks. However, if liability is denied a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. See more: How long will my claim take?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee
With a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without the worry of upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.
No win, no fee - our guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.