Suffering from hearing loss is a common symptom of aging. However when that hearing loss has been caused by exposure to excessive noise during employment, the law may allow you to bring a claim for compensation if it can be shown that the employer has been negligent is failing to safeguard against excessive noise.
Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.
The best way to establish for certain whether your hearing loss has been caused by your exposure to excessive noise is to go for a hearing test.
Your hearing loss and tinnitus diagnosis may be complicated if you have undertaken noisy hobbies such as clay pigeon shooting, visiting nightclubs and live music concerts or if you have carried out national service involving the firing of live rounds.
The personal injury team at Poole Alcock Solicitors in Cheshire is experienced in obtaining compensation for work-related hearing loss.
We would look to instruct a Consultant ENT (ears, nose and throat) Surgeon local to you to review your medical records and conduct their own hearing test for you, so that they can prepare an independent report on whether or not you suffer from noise induced hearing loss and tinnitus.
If you are found to have noise induced hearing loss (and possibly tinnitus), as your solicitor it will be our job to establish a causal link between the problem and any exposure to excessively noisy environments during your employment history.
This will involve investigating your employment history, including any evidence from ex-colleagues to build a picture of the work environment that you were exposed to.
If your employer ceased trading long ago, as long as we can locate their insurance company then you will be able to claim compensation from them.
A court claim must be commenced no later than three years after you become aware of:
- the symptoms
- the symptoms being significant
- the cause of the symptoms
- the identity of the employer (or their current identity).
A claim for compensation regarding this type of claim must be commenced no later than three years from your date of knowledge of the injury including symptoms - NOT from the original exposure which may have caused the injury. The Courts do have power in some cases to extend the time limit but this power cannot and must not be relied on.
A member of our team will be happy to discuss the above with you and how this will impact on your claim.
Funding your claim
If your claim has reasonable prospects of success then we will be happy to act for you on a ‘no win, no fee’ basis. We will make enquiries to ensure ‘no win, no fee’ is appropriate to you. We will be happy to discuss other funding options with you.
If you are suffering from persistent hearing loss or tinnitus which you believe was caused by noisy working conditions, please do not hesitate to contact our specialist injury team. We will be happy to help and provide free initial advice.
There is no obligation to make a claim - you decide whether or not you wish to go ahead.
Poole Alcock’s personal injury department in Cheshire is accredited by the Association of Personal Injury Lawyers (APIL) and our expert solicitors include members of the Law Society Personal Injury Accreditation Scheme and APIL Senior Litigators.