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Industrial Deafness

IS YOUR HEARING LOSS DUE TO YOUR WORKING ENVIRONMENT?

THE FACTS

According to a Medical Research Council Survey in 1997/1998, in excess of half a million people were believed to suffer from hearing difficulties due to working in  noisy environments.

It is now estimated that 1.1 million people receive daily personal noise exposure above 85 decibels (db), of which 170,000 suffer deafness or tinnitus as a result.

What is tinnitus? – It is a continuous sound in the ears, such as ringing.

HOW WILL I KNOW WHETHER MY HEARING HAS BEEN DAMAGED?

It will probably come on gradually.

It tends to be first noticed when somebody comments on it, for example, telling you that the TV is on too loud or becoming fustrated with you because you are not responding.

You need to get a hearing test carried out. This will usually be by your GP referring you to an ENT surgeon, who will advise you if he considers that any hearing loss that you are suffering from may be due to working in a noisy environment.

I AM YOUNG AND FIT. THERE IS NO WAY THAT I HAVE HEARING DAMAGE.

Unfortunately it does not matter how old or fit you are. A young person in their twenties is as susceptible to being affected by working in a noisy environment as a person 40 years older.

I WORK IN A NOISY ENVIRONMENT, I HAVE HEARING LOSS, WILL I RECEIVE COMPENSATION?

Not automatically. There is more to it than that.

Firstly, you have to prove that your employers have been negligent. In other words, that they have exposed you to hazardous levels of noise. Secondly, that those hazardous levels have caused your hearing loss. Thirdly, that you have brought your claim within time and, fourthly, there must be somebody to sue. In other words, if your employers are no longer in business, they need to be traced. You may have been employed by a number of employers, over time, that have exposed you to hazardous levels of noise.

What amounts to hazardous?Currently the law dictates that noise levels are hazardous if they exceed 90db over an eight hour working day.

How do I prove that? – That is the job of an engineer, who will be appointed by the solicitor who is handling your case for you. The engineer will look at your employers’ paperwork and, if possible, go to where you work to take noise levels readings.

How do I know whether the noise levels have caused the hearing loss? – Your solicitor will obtain your medical records and then employ a ENT surgeon who will look at your records, examine you and prepare a report.

I THINK THAT I AM SUFFERING HEARING LOSS, DUE TO MY WORKING ENVIRONMENT. I WILL DO SOMETHING ABOUT IT ONE DAY. WHEN I HAVE MORE TIME.

The time limits for bringing a claim are strict.

You only have 3 years from what is known as your “date of knowledge” to issue legal proceedings. In other words, the date from when you knew, or ought to have known, that you have hearing problems and that they may be due to your employers’ negligence.

WHAT DO I DO NOW?

If you have hearing loss, which you belive is due to working in a noisy environment, you should consult a solicitor who specialises in such claims. Most solicitors offer free initial interviews and run such claims on a “No Win, No Fee” basis.

Please call Claire Banks on 0151 489 616


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