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
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