Industrial deafness compensation

Industrial Deafness compensation

industrial deafness compensation claimIndustrial Deafness, Occupational Deafness, or Noise Induced Hearing Loss as it is sometimes referred to, is a deterioration of a person’s hearing over a prolonged period of time as a result of their working environment for which a compensation claim can be filed. Industrial deafness and hearing problems can be caused by excessive noise or by an illness or accident. Excessive noise in the workplace can even lead to tinnitus. Tinnitus is the name given to the condition of noises 'in the ears' and/or 'in the head' with no external source. Tinnitus noises are described variously as ringing, whistling, buzzing and humming. Workers particularly at risk of industrial deafness are usually those in heavy productive industry, such as metal work, drilling and quarrying, stone cutting, or the use of noisy machinery, as in textiles, printing, wood cutting, transportation and agriculture.

Industrial deafness or hearing loss caused by exposure to noise at work continues to be a significant occupational disease. Recent research estimates that 170,000 people in the UK suffer deafness, tinnitus or other ear conditions as a result of exposure to excessive noise at work.

Noise levels (given in decibel units) and how long people are exposed to the noise, daily over a number of years, are both contributing factors to hearing damage.

If your hearing problem was caused by noise at work or by an accident that wasn’t your fault, you may be able to claim compensation. In the United Kingdom, thousands of people have been affected by industrial deafness. Employees can be put at risk in many different industries particularly shipbuilding, coal mining, metal manufacturing and engineering where noisy machinery is used. Hearing loss caused by noise doesn’t usually happen quickly. Because the symptoms take a long time to develop, many people don’t notice until they are in retirement and often think the problem is because they are getting older rather than because they suffered from noise at work.

Compensation and the employer's responsibility?

Employers have a legal duty to protect the hearing of their employees from excessive noise levels. Damage to hearing from exposure to loud noise at work is preventable, because of this compensation can be claimed if the right precautions have not been implemented. If people need to shout or have difficulty being heard by someone about 2 metres away there may be a noise problem.

The Noise at Work Regulations 1989 place obligations on employers to reduce industrial deafness and to ensure that A noise assessment is performed where any employee is likely to be exposed to dangerous noise levels. The risk of noise damage is reduced to the lowest level possible by muffling the noise, or reducing the period of time spent in a noisy environment.Where an employee is likely to be exposed to between 85 dBA and 90 dBA hearing protection should be provided if requested by the employee. When over 90 dBA employees should be provided with hearing protection. The employers must also enforce the use of it.

Should I Receive Training to prevent industrial deafness?

Adequate training and instructions must be provided so that employees are aware of the dangers and risks of damage to hearing from exposure to noise. Areas exceeding 90dBA are to be identified and marked as ear protection zones and as areas in which ear protection should be worn to reduce the risk of industrial deafness.

Are There Any Time Limits?

UK law states that employers were only aware after 1963 of the dangers of excessive noise in the workplace. Industrial deafness compensation claims can be pursued against a number of employers who exposed employees to excessive levels of noise. If you have worked in any noisy occupation after 1963 either: Without ear protection With inadequate protection Or your employer has not enforced the use of the protection and you now find difficultly in hearing others speak or suffer from noises or ringing in your ears (known as Tinnitus) you may have a claim.