Military Hearing Loss Claims

Military personnel are regularly exposed to aircraft and vehicle engines, explosions, machine guns, and other loud noises that may damage their hearing. As Ministry of Defence (MOD) employees, all members of the British Army, Navy and Air Force are entitled to reasonable health and safety measures to be safe from hearing loss.

If you have suffered any degree of deafness while serving in the military, you may be eligible to make a military hearing loss claim. An experienced solicitor could help you secure compensation for the pain and suffering caused by your condition, as well as any related financial losses.

For a free case assessment, speak to a trained legal adviser by calling 0800 470 0474 today. You can also request a call back by entering your details into our online claim form.

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Table of Contents

• What is noise-induced hearing loss?
• Signs and symptoms of military hearing loss
• Can I make a military hearing loss claim?
• How do I make a military deafness claim against the MOD?
• What are the most common causes of military hearing loss?
• Military duty of care to prevent hearing loss in the armed forces
• Frequently asked questions:
• What is the time limit to claim for hearing loss?
• How much military hearing loss compensation could I receive?
• Will I get a No Win No Fee service?

What is noise-induced hearing loss?

Noise-induced hearing loss refers to damage to the hearing due to exposure to loud noises. It can be due to a single event, such as a loud explosion or gunfire, or from exposure to loud volumes over time. In the military, risk factors include mortars, pyrotechnics, vehicle engine noise, brass bands and artillery fire.

When you are exposed to loud sounds, the delicate hair cells within the inner ear, responsible for transmitting auditory signals to the brain, can become damaged. This damage can lead to a decreased ability to hear and understand sounds. Damage to your hearing can be temporary or permanent and may affect one or both ears.

According to statistics from the Ministry of Defence, 291,626 UK Armed Forces personnel had their hearing tested between 2011-2015. Of these, 50,738 suffered mild damage to their hearing, 6,718 had moderately impaired hearing, and 1,156 had severe hearing loss. That means that around 20% of military personnel suffer from hearing loss on duty.

If your hearing was affected due to insufficient health and safety measures from the MOD, you could be entitled to military hearing loss compensation.

Signs and symptoms of military hearing loss

Based on the cause of the hearing damage, symptoms may be immediate or become apparent gradually over time. Some of the most common signs and symptoms include:

• Struggling to understand conversations, especially in noisy environments
• Difficulty following discussions, especially when multiple people are speaking;
• Sounds might appear muffled or distorted, making it difficult to distinguish words or specific sounds;
• You may find yourself frequently asking others to repeat themselves or speak more clearly;
• Turning up the volume of the TV, radio, or devices;
• Struggling to hear conversations on the phone;
• A feeling of fullness or pressure in the ear;
• Hearing loss may be accompanied by tinnitus, which is a persistent ringing, buzzing, or hissing sound in the ears;
• Misunderstanding words, especially those with similar sounds;
• Difficulty understanding and following directions, whether in a work or personal setting;
• Straining to hear and follow conversations can lead to mental fatigue and increased stress levels;
• Frequently asking others to speak louder.

Military hearing loss can impact your life in more ways and can lead to problems such as:

• Headaches
• Irritability, anxiety and depression
• Trouble sleeping
• Loss of a unique career and difficulty to secure future employment
• Reduced quality of life and enjoyment
• Inability to engage in hobbies or social events

If you have any symptoms of hearing damage, you should visit your healthcare provider as soon as possible. They will run auditory tests to determine the degree of your hearing loss and your treatment options. Once the hair cells in the inner ear die, they cannot grow back, so there is no cure for military deafness. However, it can be managed with the following:

• Hearing aids that amplify sounds and improve hearing for individuals with mild to moderate hearing damage;
• Cochlear implants that directly stimulate the auditory nerve, allowing people with severe hearing loss to perceive sound;
• Assistive listening devices that reduce background noise;
• Learning effective communication strategies, such as maintaining eye contact and using visual cues;
• Counselling and support groups can help sufferers deal with the emotional impact of the condition.

Can I make a military hearing loss claim?

Military personnel are entitled to all reasonable precautions to protect their hearing during service. The Ministry of Defence must comply with legislation such as The Control of Noise at Work Regulations 2005 and ensure all safety measures are in place so you are not at risk of military hearing loss.

If you become aware of or suspect hearing damage due to your service, you should contact a personal injury solicitor as soon as possible. They can let you know whether you are eligible for compensation by verifying the following:

• Your employer breached their duty of care towards you
• Their negligence exposed you to unsafe sound levels while on duty
• You suffered hearing loss as a result

To find out if you can start a military deafness claim, call 0800 470 0474 today for a free case assessment with an experienced legal adviser.

How do I make a military deafness claim against the MOD?

To start an army hearing loss claim, the first thing you should do is contact a solicitor experienced in these types of cases. They will ask you a few questions about your situation to determine if you have valid grounds to proceed with a claim.

If they take on your case, your solicitor will help you gather evidence to support your claim, which could include:

• Medical records detail your diagnosis and treatment history;
• Videos or recordings that show the loud environment you were exposed to;
• Expert opinions from medical experts such as audiologists can explain how noise exposure during your military service directly led to your hearing loss or tinnitus;
• Audiograms and hearing test results taken during your military service and afterwards to demonstrate the progression of your condition;
• Statements from fellow service members that can attest to the noise levels you were exposed to;
• Your military service records that document your deployments, duty assignments, and any exposure to loud noises or hazardous environments;
• Information about the advice, training and protective equipment you received to protect yourself from noise damage;
• Evidence of all the financial losses you incurred due to your condition, such as the cost of hearing devices and transportation costs to medical appointments.

After they have all the information, your solicitor will send a claim notification form to the defendant and inform them of your intentions to take legal action. If the other side admits liability, they will negotiate to secure the best military hearing loss compensation for you. If the MOD denies any responsibility for your condition, your injury lawyer may advise starting court proceedings.

Alternatively, you could claim for hearing loss through the Armed Forces Compensation Scheme (AFCS). If you choose to make an AFCS claim, you do not have to show that the MOD has failed in their duty of care towards you. You must only prove that your hearing loss is related to your service and you were diagnosed within the past seven years.

What are the most common causes of military hearing loss?

Military personnel are often exposed to loud noises that may cause hearing damage. The Ministry of Defence must take all reasonable measures to protect its employees from such hazards, or it may be liable for military hearing loss compensation.

Some of the most common causes of hearing loss in the military include:

• Weapon fire. Regular exposure to firearms, artillery, and explosives during training exercises and combat situations;
• Explosions generate deafening noise levels that can cause immediate and cumulative hearing damage;
• Aircraft noise. Military aircraft, such as fighter jets and helicopters, produce loud engine noises and sonic booms that can lead to hearing loss;
• Engine and machinery noise from tanks, ships, and equipment often produce high levels of noise that can damage hearing;
• The use of communication systems and headsets can increase the risk of hearing damage;
• Training and drills involving live fire, explosives, and simulated combat situations expose personnel to continuous loud noises;
• Combat. Sudden loud noises in combat zones, such as gunfire and explosions, can lead to acute and chronic hearing damage;
• Improper use or lack of hearing protection devices during training, combat, or noisy operations;
• Poorly maintained or malfunctioning equipment can contribute to hearing damage;
• A lack of awareness about the importance of hearing protection and the potential risks of noise exposure can lead to a lack of precaution among military personnel.

If you can prove that the MOD has neglected its duties to protect your health and safety during service, you should be able to start a military hearing loss claim for compensation.

Military duty of care to prevent hearing loss in the armed forces

The Ministry of Defence owes military personnel a duty of care to protect their health and safety while on service. This duty stems from legislation such as the Health and Safety at Work etc. Act 1974 and The Control of Noise at Work Regulations 2005 and states that your employer should:

• Conduct regular risk assessments to identify hazards that could cause hearing problems;
• Assess the sources of noise and use quieter equipment when possible;
• Ensure noise levels do not regularly exceed the legal limits of 85dB or peak levels of 140dB;
• Reduce volume levels as much as possible by using silencers and sound absorption materials;
• Where noise levels cannot be reduced, provide adequate hearing protection, such as earplugs, earmuffs, or specialised communication headsets;
• Place warning signs in areas where hearing protection is needed;
• Make sure the protective equipment is used correctly and properly maintained.

These are some of the duties and responsibilities the MOD has towards the military. If you or a loved one lost your hearing due to a breach of these duties, you might be able to make an army hearing loss claim.

Frequently asked questions:

Here are some of the most common questions we receive about making a military injury claim against the MOD for noise induced hearing loss. If you are a member of the armed forces and would like to speak to a trained legal adviser about making a compensation claim, call 0800 470 0474 or use our online claim form.

What is the time limit to claim for hearing loss?

Under the Limitation Act 1980, you have three years to make a military hearing loss claim, starting from:

• The date of the accident that caused your hearing damage; or
• The date you were diagnosed with hearing loss if your condition developed gradually

If you miss the deadline, your case will become statute-barred, and you will lose your chance to get compensation. There are a few exceptions to the three-year limit for claiming:

• If the claimant cannot conduct legal proceedings due to a lack of mental capacity, a litigation friend could claim on their behalf at any time.
• You have seven years to start an army hearing loss claim through the Armed Forces Compensation Scheme (AFCS).

How much military hearing loss compensation could I receive?

The compensation awarded for hearing loss will differ from case to case based on the circumstances. It typically includes two types of damages:

General damages are awarded for the emotional distress, reduced quality of life, and any psychological suffering experienced as a result of the condition. These damages are hard to quantify and are based on the guidelines published by the Judicial College. For example, you could receive:

• Up to £7,010 for slight hearing loss
• Around £11,720 for mild loss of hearing
• £29,710 to £45,540 for severe hearing problems and tinnitus
• £31,310 to £45,540 for complete deafness in one ear
• £90,750 to £109,650 for total loss of hearing in both ears

Special damages focus on any costs and financial losses you have suffered because of your condition. They may include medical costs, lost wages, travel expenses and hearing aids and are based on actual evidence such as receipts and invoices.

Will I get a No Win No Fee service?

Yes. If you have grounds to make a military hearing loss claim, the solicitors we work with will provide a no win no fee* service. That means you do not have to pay them upfront, and your solicitor will only get a success fee if you win compensation.

Under a no win no fee agreement, you will not have to pay any legal charges and disbursements either if your case fails. The After the Event (ATE) insurance policy included in your arrangement will cover all your costs, including the defendant’s solicitors and legal expenses.

To find out if you can claim compensation for deafness or other hearing issues caused by military service, call 0800 470 0474 or request a call back. A friendly legal adviser will offer you a free case assessment and answer any questions you may have about the claims process.