Feb 18, 2010

Claiming Hearing Loss Compensation – It’s Never Too Late!

Being unaware that a loud noise in the workplace can cause permanent hearing damage may not exclude claiming compensation based on the date of first knowing of the hearing loss and its cause.

Exposure to excessive levels of noise , even over a short period of time, will damage the inner ear causing noise induced hearing loss, sound distortion and ringing in the ears. In the long term, background noise can become more disruptive. The damage is progressive and, in some cases, can develop into total industrial deafness.

Deterioration to hearing can take years, and in the meanwhile, the gradual reduction may go undetected whilst still working in an excessive noise environment. However, as a 2009 court ruling in the US demonstrates, the claim could proceed, even though a considerable period of time had elapsed before filing the claim.

The defendants argued that the workers’ hearing loss claims were prescribed—or time barred— explaining that noise-induced hearing loss is a slow and insidious injury, making it very difficult for those who develop it to recognize the symptoms until they are very advanced. Essentially, because the occupational noise exposure began so long ago the time period to legally pursue a claim had passed.

However, the court denied the defendants’ exception, adjusting the start of the claim period to commence from the time when the plaintiffs knew they suffered hearing damage and discovered its cause.

In further support of the claim, it was mentioned that the problem had also been compounded by the company’s poor health & safety approach, with their own executive admitting the deficiency. Hearing tests had not being carried out either at all or inconsistently and the results not adequately explained to the workforce.

Time delay factors when pursuing compensation do always need to be assessed in individual circumstances and hearing loss advice always sought as claim expiry forecasts are not a foregone conclusion.

25 Responses to “Claiming Hearing Loss Compensation – It’s Never Too Late!”

  1. Karl Leonard says:

    I am suffering with hearing loss due to working In a foundry from 1986-2003 and u was wondering if I could still claim?

  2. RachelJ says:

    Dear Mr Leonard,

    Thank you for your comment and enquiry. will arrange for my colleague to contact you directly via email.

    Kind regards
    Rachel

  3. Stephen butler says:

    I am suffering with hearing loss and I have two hearing aids. I worked in construction a demolition firm in London in 1999. I have been diagnosed with tinnitus and I was wondering if I could still claim. Thank you.

  4. Patrick butler says:

    I am suffering from hearing lost I worked tar macing and demolition in London can I still claim thank you.

  5. Mr Ahmed says:

    Dear. Sit

    I hear loud noise in my right ear all the time.find it very hard to sleep at night,when
    When I do sleep,I wake up due to the buzzing. It is driving me mad,on top of this
    Been getting very bad headache on the right top side,been taking pain tablets, but
    NO uses……by job was under ground,building ( tunnels ,breaking rock with jack-
    Hammers,& german jigers which produce noise level of. 130 -140 DB. ).doing
    Job since 1983 to dec 2012…also going for a hearing test ,by the doctor…
    Thank you…..ahmed

  6. warren hobday says:

    the company i worked for had loud machines which gave me tinatus and lost of hearing

  7. RachelJ says:

    Dear Mr Hobday, I confirm we have emailed you some information in relation to your enquiry.

    Yours sincerely
    WE Solicitors.

  8. RachelJ says:

    Dear Mr Ahmed,
    We have emailed some information to you although it has bounced back – would you please contact us on our freephone number so that we might provide advice in this matter. The number is 0800 294 3065.

  9. RachelJ says:

    Dear Mr Butler,
    We have tried to email some information to you however this has bounced back. Please contact our freephone number 0800 294 3065 so we can advise you further in relation to this matter.

  10. RachelJ says:

    Dear Mr Butler,
    We have emailed some information over to you and hope to hear back from you shortly.

  11. Mr Raybould says:

    Hello, Rescently had privite hearing test done and told got loss of hearing and bi-latteral tinnitus. Worked all my time from 1974 to 2012 in Welding&Fabrication work in noisy enveriment all the time. Tinnitus drives me mad ringing all the time. Can you help, can i claim???

  12. John says:

    Realising my hearing was impaired and also got a degre of tinatus, I went for a hearing test and been advised that I need hearing aids, my hearing impairment was caused by working with Diesel Generators going back 30/40 years ago, the companies I worked for then are no longer in existence, can I still claim compensation even if it was enough to pay for the hearing aids I would be happy.
    Look forward to hearing from you.
    Kind Regards,
    John

  13. RachelJ says:

    Dear Mr Raybould,

    Thank you for your enquiry via our website. I have sent you a private email in respect of this enquiry. Please contact our office on 0870 165 9413 if you do not receive it.
    Regards
    Rachel Johnston

  14. RachelJ says:

    Dear John,

    Thank you for your enquiry via our website. I have sent you a private email in respect of this enquiry. Please contact our office on 0870 165 9413 if you do not receive it.
    Regards
    Rachel Johnston

  15. m hinton says:

    I worked in the an engineering environment from 1985 till 2006 .it was a very noisy work place .the noise levels were high due to industrial presses / welding equipment.I have suffered with hearing difficulties since .the factory I worked in has since closed down .would I still be able to make a claim.

  16. RachelJ says:

    Hi,

    Thank you for your enquiry. We will respond to you directly via email.

  17. Lorraine says:

    I worked on a switchboard for two years one day I left work got a bad pain in my right ear and have been deaf in that ear ever since , I also have tinatis, this was 17 years ago could I still claim?

    Regards
    Lorraine

  18. mick says:

    Hi,i suffer from tinatus for approx 2 years now,and have been advised to go to a tinatus group for help to find a way to help sleep.I worked for a heavy trailor company ,shunting and was subjected to loud noise daily and would constanley go home with ringing and slight deafness but this was 20 years ago and the company no longer exists,how would i go on,regards mick

  19. RachelJ says:

    Dear Lorraine,

    My colleqgue replied to your enquiry last week via email. If you have not received a response, please contact us on 0800 294 3065.

    Yours sincerely
    Rachel Johnston

  20. RachelJ says:

    Dear Mick,

    My colleague will reply to your enquiry via email. If you have not received a response within the next couple of days, please contact us on 0800 294 3065.

    Yours sincerely
    Rachel Johnston

  21. Mr Walter Sudnik says:

    Hi
    I worked in engineering from 1975 to 1979 it was a machine shop and was very noisy i
    My hearing has slowly deteriated in the past 5 yrs. in 2012 I had my hearing tested
    And was told I will require a hearing aid to my right ear.
    The company I worked for was known as British Aircraft Corporation in those days
    I now work in sales which is proving a problem, can you help.
    Many thanks.
    Walter Sudnik.

  22. RachelJ says:

    Dear Mr Sudnick,

    We will reply to your enquiry via email direct to your own email address.

    Kind regards
    Rachel Johnston

  23. Eugene roche says:

    I worked in car manufacturing for well known companies from 1987/2006. I went to my doctor in20doctors in2006 who diagnosed tinnitus and slightly deafness in one ear.this he said this was due to the environment I worked in .now as 3 years have passed since going to the doctors I can not claim against my previous employer, which I find highly unfair.

  24. Eugene roche says:

    Maybe one day this 3year time lapse will be lifted and then people like me can make a claim against these companies that had total disregard to there workers when they offered no ear protection when continually asked as it was in the places I worked.

  25. RachelJ says:

    Unfortunately there are time limits within which claims of this nature can be brought. The current limit is 3 years from the time you are aware of your problems and the cause of the problems. It is therefore important to contact solicitors as soon as possible if you suspect any hearing difficulties or tinnitus may be related to noise in the working environment.


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