Hearing deteriorates with age and this is something that we cannot avoid. As we get older it is likely that we will require hearing aids. When people start to lose their hearing it is natural and automatic to put the deficiency down to age. However if you worked in an environment with excessive noise levels, have you considered that you may be suffering from industrial deafness/noise induced hearing loss?
The fact of the matter is that many people are not aware that they are suffering from industrial deafness. They notice a hearing deficiency and automatically assume this is due to the natural ageing process.
If you were exposed to excessive noise at work then it is likely that you will have developed industrial deafness/noise induced hearing loss. You may not notice a hearing problem at the time of the exposure to excessive noise. This is normal. What happens is the noise levels damage your hearing but you only notice the hearing loss when you get older and age associated hearing loss adds to the noise induced hearing loss. By having a hearing test, an Ear, Nose and Throat Surgeon may be able to advise you if you have any hearing loss which is due to noise exposure.
Making a diagnosis of noise induced hearing loss is not an exact science and medical experts can come to different conclusions, quite regularly in fact. The shape of the audiogram (hearing test result) is key in determining whether or not any of your hearing loss is due to noise. People who suffer with noise induced hearing loss also regularly experience a ringing, buzzing or whistling sound in their ears. This is known as tinnitus and this can also be caused by exposure to excessive noise levels.
Deafness claims are dealt with under the pre-action protocol for disease and illness claims. In this type of claim your Solicitor would request disclosure of relevant records including your personnel and occupational health records. We would attempt to recover compensation from each and every employer that exposed you to excessive noise.
As these are historical claims, your former employers may no longer exist. They may have ceased trading a number of years ago. This does not necessarily mean that you cannot claim. Your Solicitor can do a search with the Association of British Insurers (known as an ABI search) to try and ascertain the insurers of the company during your period of exposure. For example if you were exposed to excessive noise during the period 1970 to 1975, the insurers ultimately responsible for paying out compensation are the insurers of the company between 1970 and 1975. An ABI search can give Solicitors the lead they need. Ultimately without an insurer or live company to pursue, a claim is impossible.
Deafness claims are fairly complex. They are historical claims often going back to the 1970’s, 1980’s or 1990’s. This is because new legislation was introduced and more and more companies became aware of their legal responsibilities in controlling noise in the workplace. Nowadays noise levels are stringently monitored by noise surveys. In addition employees who may be exposed to noise are provided with adequate hearing protection.
If you have been exposed to noise at work then you may be entitled to make a claim.
