Your employer has a duty to keep you safe and free from harm. One potential hazard in the workplace is noise. Exposure to excessive levels of noise can cause deafness – deafness caused by industry or employment is often referred to as industrial deafness. As people’s hearing deteriorates with age, many people who have worked in industry may not be aware that they are suffering from industrial deafness. Noise is measured in decibels (dB).
If noise is a potential hazard in your workplace your employer should have carried out a noise assessment or noise survey. This would involve checking the noise levels at different places through the premises and checking the noise levels emitted from all the various types of machinery. Your employer may also evaluate the noise exposure of each individual employer. Noise exposure is averaged out over an 8 hour working day.
Deafness claims are historic in nature as they can involve bringing a claim against one or more of your former employers. In essence you would seek to bring a claim against each and every employer who exposed you to excessive levels of noise after 1963. You cannot bring a claim for exposure to noise where the exposure occurred before 1963. Noise exposure before 1963 may have caused damage to hearing but in law it is classed as non-negligent exposure as employers were not aware of the dangers of noise at that time. A publication in 1963 meant that employers can be held liable for exposure to noise where the exposure occurred after 1963.
The main problem with bringing a claim is that many of your former employers may have long since gone out of business. This does not necessarily mean that you cannot bring a claim against them. First of all your Solicitor can carry out searches to try and ascertain the insurers of the company at the relevant time. For example if you were exposed to noise between 1970 and 1975 your Solicitor would seek to establish who insured the company between 1970 and 1975. Such a search is made with the Association of British Insurers. There is no guarantee of finding the insurers but there is definitely a chance. Ultimately it is the insurers who would be responsible for paying out compensation.
If a workplace is found to be excessively noisy the first step the employer should take is to try and reduce the noise at source. This could be done by cleaning machinery or purchasing new machinery for example. The employer should also provide personal protective equipment such as ear plugs, ear muffs or ear defenders. Hearing protection does not completely remove the noise but it helps to reduce the noise to a safer level.
To discover whether you are suffering from industrial deafness you would need to have a hearing test done by an Audiologist. An Ear, Nose and Throat (ENT) Surgeon would be able to interpret the audiogram (hearing test result) and give an opinion as to whether you are suffering from industrial deafness. Industrial deafness may be accompanied by symptoms of tinnitus (often described as a ringing, buzzing or whistling sound in the ear).
Do not hesitate to call us today to discuss a potential claim.
