Tinnitus Compensation Claims
What is Tinnitus?
Tinnitus is a hearing impairment involving a ringing sound in one (unilateral) or both ears (bilateral) that can be heard even when no other sounds are present. Other common noises that come with tinnitus include buzzing, humming, whistling or hissing sounds.
The onset of tinnitus can stem from working in a noisy environment over a prolonged period of time. Those working in construction, engineering, textile production, the music industry and other various industries could be at risk when using or being surrounded by noisy machinery, equipment or tools. Hearing impairments can occur if the employer has failed to comply with the Control of Noise at Work Regulations 2005 and has not prioritised the protection of workers in any areas that generate noise levels of 80 decibels or above.
The Action on Hearing Loss organisation estimates that around 11 million people in the UK suffer from some form of hearing loss and roughly 1 in 10 adults endure tinnitus*. With many discovering that their hearing impairment was caused due to a breached ‘duty of care’ from their employer, there are now more tinnitus claims for compensation being made.
Can Tinnitus be temporary?
Tinnitus is often experienced as a temporary condition, but in some cases, people suffer it permanently. It can either happen instantly, in which case you should remove yourself from the noisy area to allow your ears to recover, or it can happen over a period of time; even taking years to develop.
It is prevalent in people over 60 years old and many assume that suffering hearing loss or tinnitus is purely down to the ageing process. More often than not, it is possible that they were subject to negligence during their working days, whereby their employer did not protect them adequately.
As well as ringing sounds in the ears, some other symptoms that tinnitus sufferers may endure include disturbed sleep patterns due to the noise, problems concentrating or difficulty hearing other noises in their surroundings.
Whether on a temporary basis or not, putting up with tinnitus can be psychologically challenging as well as painful. Employers should be doing all they can to prevent workers from suffering such conditions.
Making a Tinnitus Claim
In order to make a claim for tinnitus compensation, the initial step to take would be to get in touch with the right people as soon as possible and to receive advice from an industrial deafness solicitor on whether or not you have a case.
Once you have a solicitor, it is essential that they arrange for you to get a health examination and a tinnitus diagnosis from a medical professional. They will also take into account any other factors, such as disturbed sleep patterns or stress-related symptoms that have transpired as a result of the condition.
If it has been concluded that your tinnitus has been caused by noise-exposure in work on receiving the report and results, the next step would be to collate witness statements from colleagues and retrieve their details in order to provide further evidence for your case.
On top of this, you will need evidence proving your employment and a record of any health and safety assessments that were carried out. Your solicitor will help you achieve all of this.
If it can be proven that you were indeed neglected by your employer and didn’t receive enough hearing protection that caused you to have tinnitus, you should be on your way to achieving tinnitus compensation.
How much can I receive for Tinnitus Compensation?
Depending on the severity of your tinnitus and the thoroughness of your evidence, each Claimant’s amount will differ. The Judicial College provides guidelines for tinnitus compensation:
- Mild – from £3,000 to £7,000
- Moderate – from £7,000 to £10,000
- Severe - from £10,000 to £20,000
These are rough guidelines of what you could potentially receive. You should be aware that depending on your situation, you may end up being inside or outside of these brackets, meaning that you may be entitled to more or less than these suggested amounts.
Many factors will be taken into account with regards to determining the overall payout.
A No Win No Fee Tinnitus Claim with Accident Line Direct
To reduce the stress of any financial risks, Accident Line Direct aims to help you by providing a No Win No Fee policy. This means that if you gain the positive outcome of receiving tinnitus compensation, then your solicitor will charge you 25% of your total amount*. In the case that your tinnitus claim is not successful, then you will not have to pay any fees.
If you are unsure whether you are suffering from tinnitus due to a negligent employer breaching their 'duty of care' to you or you would like further information and assistance with making a tinnitus claim, then our team at Accident Line Direct can help. Contact us today obligation-free; it is also possible to arrange for us to call you back at a more suitable time.
*This is the amount of the 'success fee' as it currently stands, but there is the chance it could differ from case to case. Always be sure to check the details with your personal injury solicitor.
Posted in: Industrial Deafness on Monday 18 December 2017
by Osian Jones