NOISE INDUCED HEARING LOSS, THE FACTS AND MYTHS

Loud and noisy environments can be uncomfortable for many of us but to be constantly exposed to high noise levels in work place conditions and with insufficient ear protection does lead to eventual noise induced hearing loss.

It is common to hear nowadays of employees to be exposed to incredulous sounds years ago but since the laws and regulations surrounding noise levels at work are constantly working to clampdown on exposure to excessive noise levels at work industries are now looking more at protecting their employees from damage that can arise to the auditory and irreparable hearing damage.

Over long periods of time when exposed to high noise levels the ears can experience a gradual and permanent hear loss known as noise induced hearing loss. The auditory gets damaged in that the sensory sells become damaged and dysfunctional and incapable of converting electrical signals and therefore becomes unable to send correct messages to the brain. This can cause for the auditory function to be lost and so the noise induced hearing loss will become apparent in the sufferer.

If we consider that the current acceptable noise level in a work place is 90decibels then we can get a rough idea of what level of noise that is by measuring it against the 85decibels of common city traffic. Anything above 85decibels on a regular time basis is where the damage to the hearing will become apparent. It is at this point when the hearing loss becomes noise induced hearing loss.

Although in most cases the hearing loss has been bought about through extensive exposure to high noisy work environments there are many who may have self- inflicted their noise induced hearing loss through their lifestyle choices, such as excessive rock band and raves and nightclubs where the auditory system may have found it difficult to with stand such high noise levels and hearing loss could have resulted. Other scenarios where hearing loss could result are gun shooting or firearms events, snowmobile riding or even hunting if done regularly enough.

Once present in a sufferer the hearing loss which has been induced by noise levels may become permanent and stay with the sufferer.

It is also commonplace within sufferers of noise induced hearing loss to also display symptoms of tinnitus. That being that they will have the additional persistent whistling, humming or ringing sound in their ears. For some they have reported that the ringing sounds as though it is an actual sound and tinnitus sufferers have expressed that they have been initially thought that the sound was an electrical appliance or an external sound. This symptom normally finds itself present in sufferers of hearing loss to add to their misery.

It is possible to estimate the damage that can be bought about from levels of noise and lengths of exposure to the high levels by the hearing loss sufferer and find a correlation.

 A recent breakthrough court case from a noise induced hearing loss sufferer who was exposed to high noise levels exceeding 85decibels used a case of 7 knitters to demonstrate the effects of noise levels on hearing damage. The knitters were exposed to levels over 85decibels for long periods of time. We can roughly imagine what it would feel like being exposed to levels exceeding the set 90decibels on a daily basis if we compare the level to noise levels to which we are familiar. A motorbike may induce noise levels of anything up to 120decibels whereas a small firearm could produce any amount of noise level up to 150decibels. When compared to the level of ordinary city traffic being around 85decibels we can get some picture of the levels of noise required to cause noise induced hearing loss.

 

WHOS RESPONSIBILITY IS IT?

Once you have established that you may have developed noise induced hearing loss not only will it  become  important to you to find some-one to point the finger of blame at but you will wish to seek liability for your auditory injury from your employer, if indeed they were the contributing factor undermining your resulting in noise induced hearing loss.

Responsibility and liability for your hearing loss will be addressed in your industrial deafness claim which will follow your established loss of hearing., In the case that it was the cause of being exposed to long hours of high excessive noise levels in any working environment the liability will lie with your employer, particularly in cases where the employers simply failed to acknowledge the need for protecting their employees against the high noise levels or simply failed them with insufficient or non- effective protection. In this case the failure to provide sufficient protection will have contributed to the noise induced hearing loss directly.

In any instance it is advisable to take responsibility and look to protecting your own hearing from excessive noise levels to limit potential risk to noise induced hearing loss, whether whilst self- exposing oneself to the noise in a past time or hobby or whether the noise levels are present in a work environment.

Actions one could take to limit damage done to their auditory could include:

  • Being aware of and knowing your noise levels. Know when you are being exposed to noises over 85decibels.
  • When and where suitable protect your ears with correct ear plugs and ear muffs.
  • Be alert to sudden and hazardous noises in the environment which may pose risk to the hearing.
  • If in doubt and you suspect that you may have some form of noise induced hearing loss you must consider a visit to the specialists, either an audiologist, who will assess your hearing loss, and an otolaryngologist who will specialise in ear conditions amongst others.

 

Once diagnosed it is adamant that you look to find a reputable claims handling specialist who specialise in noise induced hearing loss claims and who will present your claim professionally to enable you to claim for financial compensation for the hearing loss that you have suffered.

If you have serious severe hearing loss or even lesser minor hearing loss then it is vital that you submit your claim for compensation which will allow you to gain back some freedom and some financial independence which you may have lost since you incurred the hearing loss or deafness.

In any case any amount of financial compensation will be useful when you consider that many sufferers who lose their hearing completely will have to contend to adapting their entire life styles which will no doubt come with added financial pressures as does any serious loss of sense.

And as is the case of all other work related illnesses, you would be protecting your legal rights when you do pursuit a claim for your noise induced hearing loss.

THE FUNDEMENTALS OF INDUSTRIAL DEAFNESS CLAIMS AND SOLUTIONS TO GETTING COMPENSATION

At the heart of the industrial deafness claims is of course the noise induced injury the claimant has incurred and then there is the need to establish liability for the industrial deafness and find a fit and suitable way of compensating the claimant so as they can find peace of mind over living with the hearing impairment and financially they will most likely welcome any form of financial help as often it will be a time of hardship.

Deafness, whether received through an industrial environmental, exposure to high noise levels, old age or any form of illness can be classified as a disability. This highlights the extent of how over powering deafness can be to the sufferer, particular when it is a permanent severe hearing loss in both ears.

Industrial deafness lies in two main forms which are both commonly presented in industrial deafness claims where complainants commonly report symptoms of either tinnitus or acoustic shock syndrome, both are common forms of noise induced hearing impairments, bought on by exposure of the ears, usually poorly protected or even not at all, which can lead to the sufferer feeling as though they are exposed to a ringing, buzzing, humming in the ears. This is the common factor of tinnitus which when in both ears and constantly can become painstakingly difficult to bear.

When present in both ears and permanent tinnitus is categorised in the highest level of compensation awarded to claimants through industrial deafness claims specifically when the tinnitus symptoms are conjoined with hearing loss.

The fundamentals of industrial deafness claims are that they provide the claimant not only an amount of financial compensation for their noise induced hearing impairments but they are able to find liability for their loss and establish blame and in turn protect their legal rights. Often claimants will feel angst and feelings of anxiety and depression whilst suffering from tinnitus symptoms in addition to the irritation that can be imagined that would follow such hearing damage.

Acoustic shock syndrome is the next common reported factor present in claimants of industrial deafness claims. Whereas tinnitus only has the most obvious symptom, this hearing ailment can be present in an array of symptoms ranging from obvious pressure and aching in around the ear and neck area to general fatigue and feelings of anxiety. Other symptoms of acoustic shock syndrome include headaches, tightening of the facial muscles and pressure on the facial area. In its worse form the syndrome can take on more severe symptom such as perforating the sufferer’s ear drums.

Both of the aforementioned industrial deafness complaints are commonly heard in cases against employers who have been solely responsible for the development of the noise induced deafness through constantly exposing the claimant to excessive high noise levels for long periods of time.

Many claimants who have pursued industrial deafness claims had been exposed to high noise levels exceeding 90decibels over ten or fifteen years.

As technology and machinery has evolved in manufacturer, maintenance and building trades amongst others commonly heard from complainants of industrial deafness so have the industry legislations which are constantly working to enable that employers are fairly protected from excessive noise levels in the workplace whilst regulations are capping what levels are acceptable to expose employers in the work place,

Whilst some argue that the level of noise accepted should be 87decibels like the Health and Safety Executive, the existing measures in place under the Control of Noise at Work Regulations of 2005 are that noise levels up to 90decibels are acceptable. Industrial deafness claims will identify to what levels of noise the claimant was exposed to, and will establish whether the employer was acting under common law, whether they were complying under Factories Act 1961.

It is deemed the responsibility of the employer to widely ensure that the protection needs and general well- being of their employees are being met whilst in the work place. And that the work place environment is causing no adverse detriment to the employees’ health. In the case of employers being aware of excessive noise levels in the work place and proving negligent in providing sufficient protection to the employees’  then they are directly liable for the injury to the employee.

Such is the case in the growing number of industrial deafness claims coming forward from call centre staff.  Although new legislations were put into place in 1991 to curb the noise levels on headsets commonplace to call centres, not all firms resorted to implementing the rule and did not reduce the risk of acoustic shock syndrome knowingly to their employees. The new VOIP headsets with noise limiting devices inbuilt were not being used by a number of call centres who imminently damaged many of their employees’ hearing.

A huge number of these call centre staff who were exposed to high noise levels, sometimes up to 118decibels are now presenting complaints against their employers for noise induced hearing loss including acoustic shock syndrome and tinnitus. Many exposed to the noise levels due to working over long periods of time.

Other work places known to produce high numbers of industrial deafness claims are factories, mining, quarries and foundries. Adding to that is the huge number of complaints coming to light form those within the music industry and army personnel. Army personnel are reporting getting the hearing complaints due to long periods of exposure to loud explosions and noisy gunshots.

Where the industrial deafness has occurred, what damage it has caused to the claimant and what detriment it has caused to the claimants lifestyle and finances will all be considered in the claimants’ individual deafness claims. Each claim is assessed on its own merit and any award of financial compensation awarded is based on the individual’s personal and financial circumstances.

The length of time taken to efficiently resolve your claim for industrial deafness will depend considerably on the complexity of your case and the severity of hearing injury. Any compensation awarded will categorise your industrial deafness into any one of the following categories

  • Occasional or slight hearing injury. Slight tinnitus symptoms visible
  • Moderate hearing loss. Moderate tinnitus symptoms visible
  • Serious hearing loss. Severe tinnitus symptoms visible
  • Unilateral permanent hearing loss, in one ear. Additional conditional tinnitus symptoms visible and can include associated conditions
  • Bilateral permanent hearing loss, in both ears. Additional tinnitus and associated conditions can be as severe as speech defects.

 

Whatever the level of injury to the hearing, if it was received at the cost of your employer lining his pocket with profit whilst you suffer the discomfort and inconvenience of a hearing impairment then it is only in your own interests that you consider making a claim against them like the hundreds of thousands who are finding justice through industrial deafness claims.

If you suspect that you may be developing or experiencing any form of industrial deafness and are continuing to work over long periods of time in the same working environment where the industrial deafness has occurred then it is wise to ask your employers to take a look at what current protection you have against the high noise levels that which you are being exposed to or you could consider changing work tasks.

The machinery and tools that you use at work will play a significant role in the amount of damage you have to your hearing and what symptoms of industrial deafness become prominent to you. Some tools and machinery commonly present to claims industrial deafness include welding equipment and tools, jack  hammers, chain saws all sorts of drills, pressers and processors, all sorts of textile machinery and many forms of grinders, compressors and various machinery known to industrial, construction and engineering trade amongst the hundreds of others.. In addition there are the music industry casualties who have been exposed to high volumes of high voltage music often through headsets.

The growing number of industrial deafness claims coming to light demonstrates that there is a serious issue with the noise levels found acceptable in some modern UK work places today and cases where employees have had to endure high levels of noise unacceptable and unsuitable for the consumption of human ears for unacceptable long periods of time.

With the severity of industrial deafness and the negative implications the disability can place on the claimant’s everyday life, industrial deafness claims presented to professional claims specialists will be processed confidentially and professionally. Any medical references provided will be used for the purpose of the industrial deafness claim. Any financial compensation awarded will be at your discretion.

HAVE YOU GOT INDUSTRIAL DEAFNESS? – A COMPREHENSIVE GUIDE TO WHAT IT INVOLVES AND WHAT TO DO NEXT

HAVE YOU GOT INDUSTRIAL DEAFNESS?

Do you suspect that you may have a noise induced hearing problem due to long periods of time of exposure at work? Have you been working in a high noise level environment and are now facing ear ailments? Are you hearing a constant nagging whistling or ringing sound in your ears or a plain case of slight or serious deafness? It is most likely that due to the exposure to high noise levels that you have developed a form of industrial deafness.

The deafness can last anything from up to a few hours after the exposure to a longer more permanent variation of symptoms.

In its lesser minor form the damage will be temporary but in its most serious cases the industrial deafness has known to be more permanent and the trauma to the hearing is life changing, such as when the ears are perforated or there is imminent deafness in both ears.

There are two major denominations of the damage noise induced deafness can belong to, the first is tinnitus and the second is acoustic shock syndrome. Where the former is involved with the nagging of a ringing sound constantly in the ears the latter involves damage in and around the ears.

Any level of industrial deafness can be caused by long exposure to high noise levels although the extent of the injury will be dependent on the length of exposure and the level of the noise which would be less than 90 decibels.

WHAT YOUR INDUSTRIAL DEAFNESS INVOLVES

Once you have had some diagnosis and are 100% sure that you have developed industrial deafness then you must assess all the possible contributing factors to how you may have got the hearing defects. Are you an avid music fan?  Play in a band? Go out raving a lot?  Are you over 60 and it is possible that it is just a symptom of aging or is it a genuine result of being exposed to high noise for long periods of time in any working environment.

Looking back over your work history and noting dates and lengths of time for which you were exposed to what levels of noise will be useful to help identify where it is possible that the industrial deafness began and developed.

Considering places of work and where it is most likely that you may have developed the hearing problem will help in your industrial deafness claim further on. Some places which are common place for causing hearing complaints are factories in particular textile manufacturing factories with all those industrial machines, building sites with various noisy tools and equipment , motorway and road repairing, mining, quarrying, engineering and construction environments, welding garages, and foundries. The list goes on and includes music studios, night clubs, bars, concerts, outdoor events and any other loud noisy working environment which can cause various levels of noise induced deafness when exposed to for long periods of time.

Your hearing problem may come in many forms if it is the tinnitus then it is most probable that it is the constant ringing or humming sound in one or both ears which is the root cause of the complaint. This can be extremely distracting for the sufferers to live with and can often lead to sufferers becoming depressed and anxious.

On the other hand there is the acoustic shock syndrome which has its own distinguishable symptoms which contain a number of ailments ranging from headaches and fatigue to anxiety, ear pain and general soreness of the ear and neck areas, hearing problems, numbness and tightening of the facial muscles, a feeling of pressure on the ears and feelings of vulnerability amongst sufferers. This can range in severity and length of symptoms being present in the sufferer and when twinned with tinnitus can form an unbearable, very uncomfortable condition for the sufferer.

It is vital to recognise where you have developed the deafness if you are thinking of pursuing an industrial deafness claim in the future and so as liability for your hearing damage can be rightfully established and whether  it was before or after the Noise at Work Regulations Act of 1989 was implemented, a year later in 1990. Also the levels of noise in the places of work are significant so for example, if you worked from 1987 to 2002 then part of your exposure would be before the noise levels were regulated and clamped down to 90decibels whereas before that came in to place it was acceptable for employers to expose workers to higher levels in some circumstances, so you may have been exposed to much higher levels of noise without being aware.

The clampdown on noise levels in the work place is under review with measures being put into place to limit the levels and the current 90decibel maximum level faces a challenge from the Health and Safety Executive. The HSE are challenging the 90decibel limit and want that level bought down to an 87 decibel maximum, in order to protect the million plus employers out there who they estimated are at risk of developing industrial deafness due to their work environment.

WHAT TO DO NEXT

Once you have established that you have industrial deafness you have a time period in which you must submit your industrial deafness claim. An expert will begin your claim and will assess all relevant losses and grievances caused by the noise induced hearing defect and the severity of it on your hearing.  It is important to provide all documents relating to your industrial deafness for the purpose of your claim and detail all tools and equipment used for the tasks that you undertook in the task. Many loud power tools can cause hearing defects at work particularly when not provided with enough protection for the ears whilst implementing the tools.

The onus to provide you with protection in your working environment is on your employer and where they knowingly allowed employers to use tools and equipment known to produce noise levels of 90decibels or over unprotected or with useless unsuitable protection then the liability of your industrial deafness lies on their shoulders.

This has become prominent in the number of growing industrial deafness claims coming forward from within the call centre industry. In many cases the complainants are reporting symptoms known to acoustic shock syndrome from sufferers who have developed the ear ailments as a direct result of having cheap unsuitable headphones provided by their employers. In 1991 this was regulated and headphones had to comply with placing noise limiters on headsets which when effective stopped conversations and shouting flowing through the headset if it was at higher levels than 118decibels. Some rogue traders did by all means act recklessly and did not adhere to the rule and continued providing their employers with cheap headsets and not the VOIP ones which were required. Hence these employers are directly liable and will face the wrath for their irresponsibility in the number of industrial deafness claims they are likely to see in the future from their staff.

Your industrial deafness claim will then progress depending on the complexity of your personal circumstances and the hearing ailments you have incurred. The liability of the cause of the industrial deafness may be questionable or denied by the employers in which case the decision makers will refer to as to whether your employer was acting within guidelines set by The Control of Noise at Work Regulations 2005 and in accordance with 1989 Noise at Work Regulations Act and at what levels of noise was the employer deliberately allowing employees to work in.

If you used noisy power tools, equipment or machinery at work it will be useful to note for what time period you used the tools for so as to pin point the development of the industrial deafness.

Once you have made a claim and provided all the relevant details to your industrial deafness claim specialist they will assess your claim on medical grounds and give you an initial calculation of the amount of compensation which you may receive for your hearing injury which could range from anything starting at £4000 to £7000 which is for a claim where the claimant has a very minor, temporary, occasional hearing loss and or tinnitus up to £70 000 which is what a claimant can expect if they have developed complete severe hearing loss in both ears which can lead to speech defects and further complications to other senses and parts of the body and generally affects the sufferers whole life and well- being.

INDUSTRIAL DEAFNESS, AND ALL YOU NEED TO KNOW ABOUT HOW TO MAKE AN INDUSTRIAL DEAFNESS CLAIM

Industrial deafness is a noise induced permanent or temporary loss of hearing which can become apparent when one is exposed to high levels of noise over lengthy periods of time. The deafness can be unilateral where the damage is in one ear only or bilateral, in both ears and has two commonly reported forms: TINNITUS and/or ACOUSTIC SHOCK SYNDROME, and each has its own distinguishable symptoms.

Tinnitus derived from the Latin word for ringing is where the sufferer may experience a ringing or buzzing or a whistling, swishing sound in their ears, which to them may sound like it is coming from an outside source. The Tinnitus Association are happy to provide you with any information on tinnitus. The symptom will be prominent in sufferers who have been exposed to loud noise levels for a long amount of time for this to become permanent.

Acoustic Shock Syndrome is another form of industrial deafness, again caused by the bearer being exposed to high levels of noise, over 90dBs. This symptom is highly reported by workers in the music and night club industry and other causes can be gunshots, explosives or even loud shouting as is being seen in the high number industrial deafness claims from call centre staffs which have faced shouting from angry customers over a number of years.

Symptoms that have been reported in industrial deafness claims range from, anxiety, ear pain and facial numbness, through to headaches and hearing problems. Other symptoms of Acoustic Shock syndrome include fatigue, general soreness of the ears and neck area and even feelings of vulnerability.

Acoustic shock syndrome and its affects are becoming common in call centre staff who now account for a proportion of all industrial deafness claims. In 2001 the BBC conducted a report into and fell upon industrial deafness revealing that one BT call centre worker received £91 000 for a pay-out for a claim for the damage they had received to their hearing whilst working in a call centre. At the time in 2001, there were 83 other BT employers who had on going claims for industrial deafness.

Acoustic Shock Syndrome can be serious and can do irreparable damage to the ears such as perforated ears.

WORK PLACES AND TOOLS AND EQUIPMENT WHICH CAN CAUSE INDUSTRIAL DEAFNESS

Work places which are common to exposing employees to high levels of noise which can cause any forms of hearing problems include construction, engineering, factories, foundries, mining, quarrying, textile manufacturer, maintenance, road repair and the most common building. Although the majority of those who have noise induced damage to their hearing get it whilst involuntarily receiving it through employment it is common for such hearing ailments to be apparent in those of us who constantly hear loud music through ear phones or spend long periods of time in loud clubs or music studios etc.

The sorts of tools which can be responsible for contributing to noise levels at work include elastic yarn covering machine, chain saws and jack hammers, hammer mills, pneumatic drills, welding equipment, gas burners and sand burners, 40 ton press, bench grinders and finishers, hydraulic power packs, brick oven fans, cwc punch press, cold cutting and circular saws. Other tools include break pad grinders, braiders for electric cables and coaling pads. Cyclone separators, metal chutes and conveyors for the transfer of components, press fly wheels. Powder mills, powder blasters, reciprocating compressors, rubber granulators, and sugar beet processors, pneumatic transfer systems, notching presses, metal cutting guillotines and multi headed grinders. There are many more tools and equipment that when used at work may have caused industrial deafness.

In light of all the growing number of complainants coming forward from those who have been in employment resulting in industrial deafness the authorities have attempted to curb the issue and address it with relevant legislation to protect the employers from excessive damage to their hearing due to working conditions. One of the measures put in place is The Control of Noise at Work Regulations 2005. In addition a number of reforms have been bought about to curb noise levels in the work place. The Health and Safety Executive, HSE, have tried to step in and are trying to get the noise level reduced from an allowed 90dBs to 80dB with a cap of 87dBs. They suggest that there are around 1 million people who are currently at risk of suffering from industrial deafness due to the kind of work they do.

RULES AND REGULATIONS OF INDUSTRIAL DEAFNESS AND A BENCHMARK CASE

One recent case for industrial deafness has been branded a benchmark case an. Darren Smith of Hill Hofstetter said of the Baker Vs Quantum Clothing Group that it `will be a benchmark decision in the years to come’.

The case was heard at the Supreme Court who overturned an earlier decision made by the Court of Appeal. In all Baker had been exposed to high noise levels at work for over 10 years when he incurred industrial deafness. The case took on the face of a noise level debate, with an 85dB versus 90dB level theme. The case referred to The Noise at Work Regulations Act of 1989, which was implemented in 1990. The Court was presented with a case of 7 knitters who had become exposed to noise levels of 85dBs over a lengthy period of time.

The Baker case concluded with the Supreme Court upholding the original 2007 judgement that was made by the High Court in that they agreed that the Clothing Company was not liable for Baker’s

industrial deafness under common law or under The Factories Act of 1961. They held that Quantum were not liable for the damage to Baker as it was caused by noise levels of less than 90dBs and it was prior to 1978.

As Darren Hill said the case will become a benchmark decision for many and a basis for industrial deafness claims in the future. Danny Hill added his opinion, `if the Supreme Court had dismissed the appeal it would potentially have opened the floodgates for thousands of other claimants, particularly those with long working histories in the industrial, leisure and retail sectors.’

So the case concluded that there will be no liability placed on the employer who exposes its staff to decibels lower than 90 before the 1989 Act came into play, that was unless in circumstances where the employer had special knowledge of certain noise affects, which in case they would be liable under common law.

WHAT YOU NEED TO KNOW ABOUT INDUSTRIAL DEAFNESS CLAIMS

To begin your industrial deafness claim you must firstly get fully checked out by your GP and then a specialist who will assess your symptoms and conclude with a diagnosis of industrial deafness related damage to hearing. Once you have the relevant medical evidence you can take your grievance to a reputable claims specialist who are experienced with industrial deafness claims. Throughout your case you will need to provide all the documentation required of where you worked? How long you worked there? What hours you worked on what basis? This information will provide the decision makers with relevant insight into how long you were exposed to what noise levels.

Compensation paid out for any industrial deafness claim will depend on the severity of the damage to hearing and will be paid on its own merit.

A rough guide for any compensation paid out for industrial deafness is as follows

£4000-£7000- minor or occasional deafness

£8000-£15 000 – moderate hearing loss

£16 000-£29 000-serious hearing loss

£17 500-£29 000-complete hearing loss in one ear

£50 000-70 000-complete hearing loss in both ears

If you have suffered any form of hearing damage which is affecting your every- day life, be it minor, temporary and occasional or a major trauma and serious deafness  due to any form of employment that you over took over a long term basis then it would be wise to protect your rights and file an industrial deafness claim. Sometimes deafness, particularly when in an extreme form can over take your life or coerce you to redress your life choices and even completely change your life style so it is important that you find compensation for the damage the deafness causes to your ordinary life and that through an industrial deafness claim that you find some peace of mind in that the damage done to your hearing was not your own fault.

It is also crucial that for the sake of your personal finances that you able to furnish some financial compensation which will no doubt become useful if the deafness persists or becomes