Due to the natural ageing process, as we get older our hearing deteriorates. 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.
Ask yourself the following questions:
- Are you having difficulty hearing conversation?
- Do you have the television volume loud?
- Do you struggle to hear on the telephone?
Even if you answered no, would your partner or family agree with you?
It is often the case that people around you notice your hearing loss more than yourself. 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. 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.
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. You would have a hearing test and the test result would be displayed on a graph known as an audiogram. 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. Diagnosing NIHL is not an exact science and it may be necessary to obtain more than one expert opinion. Noise damage affects hearing at certain frequencies and therefore the shape of the audiogram is key in making a diagnosis of NIHL.
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. However not all medical experts agree with this. 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 gives you some idea of the complexity in diagnosing NIHL.
Claim compensation for NIHL
There are many legal and practical difficulties to overcome in making a successful claim for compensation for NIHL. 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. This is because it is accepted in law that employers were not aware of the dangers of noise exposure before 1st January 1963. Exposure to noise before 1st January 1963 is therefore classed as non-negligent exposure.
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.
Another obstacle can be in the form of dissolved or untraceable companies. 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”. Whilst it is more straightforward if the Defendant company is trading, you can still make a claim against a dissolved company.
Claiming against a dissolved company
So, how do you bring a claim against a dissolved company? 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. 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. However, there are tools available to the Solicitor and therefore it is worth at least trying to ascertain the Defendants insurers. 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.
It is clear from the examples above that a claim for NIHL can be quite complex depending on the circumstances of the case. Therefore it is essential that you seek advice from experienced and qualified specialists in the personal injury field – someone like ourselves.
Here at The Injury Lawyers we specialise solely in personal injury so don’t hesitate to call 0800 634 7575 to discuss a NIHL claim today.
