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.