Industrial Deafness Claims
Claims for industrial deafness and noise-induced hearing loss are surprisingly common in the UK. According to the Health and Safety Executive (HSE), around 17,000 people…
Read moreClaim compensation for hearing loss or deafness
If you’ve suffered deafness or hearing loss due to an accident that wasn’t your fault, we can help you make a hearing loss compensation claim.
We are a claims management company regulated by the Financial Conduct Authority.
Hearing is one of our most important senses, yet it is often taken for granted. It is a complex process that involves the outer, middle, and inner ear and helps us communicate, interact socially, and be aware of our environment.
Hearing loss can be caused by various injuries and illnesses, varying from mild impairment to total deafness. This condition can profoundly impact daily activities and your quality of life.
If you are suffering from hearing loss due to someone else’s negligence, you may be eligible to make a personal injury claim. Some common situations that could damage your hearing include road traffic accidents, exposure to loud noises at work, suffering trauma to the eardrum during a criminal assault and medical negligence.
To find out if you have a valid hearing loss claim, call 0800 470 0474 for a free case assessment. Alternatively, you can enter your details into our online contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Hearing loss is a medical condition in which your ability to hear sounds is partially or entirely diminished. It can develop gradually due to ageing, prolonged exposure to loud noises or genetic conditions. It can also have a sudden onset, which can be caused by trauma to the head or eardrum, infections or acoustic shock.
In the UK, there are approximately 12 million people who suffer from some form of hearing loss, making it the second most common disability. Of these, about 900,000 people are severely deaf. Many people with hearing loss also have tinnitus and may also have balance difficulties, which further affects their quality of life.
There are three types of hearing loss:
Furthermore, hearing loss can affect one or both ears and be either temporary or permanent.
Most people lose their hearing gradually, and the symptoms are not always evident or are not the same in every person. Some signs that may indicate damage to your hearing include:
In babies and younger children, the signs and symptoms of hearing damage can be hard to observe, but you should visit your GP if you notice that they:
If you or a loved one are experiencing hearing loss symptoms, it is essential to seek medical care as soon as possible to receive a diagnosis and prevent further damage.
Hearing loss can occur due to various causes, including:
If you, your child or someone else you love has suffered hearing loss due to an accident that was another party’s fault, a misdiagnosed medical condition or some other type of negligence, you may be able to claim compensation.
To diagnose the type and severity of your condition, your healthcare provider will start by asking you about your symptoms and conducting a physical exam to look for signs of infection or earwax. They may also do a CT scan or MRI if they suspect a structural issue such as a tumour. An audiologist may also perform specific hearing tests, such as:
Depending on the type of hearing loss you have and its cause, treatment options include:
Losing your hearing, especially if the deafness is severe and permanent, can have a significant impact on various aspects of your life, including:
Your solicitor will carefully consider how your condition has impacted your life when calculating how much compensation for hearing loss you could receive.
The easiest way to find out if you are eligible to claim compensation is through a free consultation with an experienced legal adviser. They will ask you a few questions and determine whether your hearing loss entitles you to take legal action by verifying the following:
For your case to be valid, it is also essential to be within the hearing loss claim time limit, which is usually three years after your accident. You do not have to worry about proving a legal duty of care. Your lawyer will have the necessary expertise to prove this by referring to the appropriate legislation, depending on your circumstances.
For example, the Road Traffic Act 1988 could be relevant if your eardrum perforated following a car accident. Once liability is established, they will contact the defendant and help you gather the necessary evidence to secure compensation.
For a free case assessment, do not hesitate to contact us by calling free on 0800 470 0474 or requesting a call back using our claim form.
If you believe your hearing loss is due to someone else’s negligence and want to claim compensation, your first step should be contacting a legal adviser for a free case assessment. They will offer you a no-obligation consultation over the phone and advice regarding your chances of success and the compensation amount you may be entitled to.
If your claim is accepted, a personal injury lawyer who is right for your case will be appointed to you. They will begin to collect information and evidence about the circumstances in which you suffered the hearing damage, the severity of your condition and its impact on your life. They will also arrange a free medical assessment with a specialist who will link your injury to the defendant’s negligence and determine the likelihood of it worsening in the future.
Once you have all the supporting evidence you need, your solicitor will calculate what compensation award you are entitled to and contact the other party to negotiate a settlement. If negotiations go well, the final step of the claims process is to receive your compensation award, which usually takes about four weeks.
If the defendant does not admit liability or negotiations fail, you may need to argue your case in court. This rarely happens, as more than 96% of all claims are resolved without a formal trial.
Various accidents and types of negligence could cause you to suffer damage to your hearing, including:
This list is not exhaustive, and as long as another person was at least partially responsible for the harm you suffered, you may be eligible for compensation.
To make a successful claim, you need compelling evidence to prove that your hearing loss was caused by negligence and how it has affected your life. The specific proof you could use depends on the circumstances of your injury and may include:
While at work, your employer has a legal duty to protect you from the risk of industrial deafness, as outlined in various legislation, such as the Health and Safety at Work Act 1974 and the Control of Noise at Work Regulations 2005. Their duties under UK law include:
If your employer has failed in their legal duties and your hearing has been impaired, you may be eligible to make an industrial deafness claim. Some of the industries and workplaces most affected by unsafe noise levels include:
Whatever your industry, if your employer has failed to take all reasonable measures to protect your hearing, you could make an industrial deafness compensation claim. This is your legal right, and you can’t lose your job if you make a claim against them. If your employer treats you poorly due to your claim, they risk further legal action at an employment tribunal.
If you have suffered hearing damage at work, you may be entitled to benefits depending on the severity of your condition and how it affects your daily life and ability to work. The most common form of support for workers suffering from noise-induced hearing loss is the Industrial Injuries Disablement Benefit (IIDB). To be eligible for IIDB, you must:
The amount of compensation you will get will be assessed based on your level of disablement and is a weekly amount that could be up to £221.50. You might also qualify for other benefits, such as Personal Independence Payment (PIP), Attendance Allowance and Universal Credit.
The Armed Forces Compensation Scheme (AFCS) is a programme set up by the Government and managed by Veterans UK. It provides financial support to members of the armed forces who suffered an injury or illness because of their service, either during military training, combat or being on duty. Unlike a claim under civil law, the AFCS is a no-fault scheme, meaning you do not have to prove that someone else’s negligence caused your injury.
To qualify for loss of hearing compensation through the AFCS, you must only prove that your service caused or made worse your hearing impairment. For this, you need to provide evidence such as medical records, photos of the accident scene and witness statements, which your solicitor will help you gather.
The compensation awarded by the AFCS is tariff-based, with 15 levels that reflect the type and severity of your injury or illness. For example, loss of hearing in one ear is classed as a level 11 injury and is worth £15,965. During 2022/23, 110 claims through the AFCS for noise-induced hearing loss (NHIL) were awarded in total sum lump payments amounting to £710,000. During the same period, 1,706 claims for NHIL were made under common law, which received £31.50M in total.
A criminal assault or physical altercation can cause hearing problems in a variety of ways, including:
These are just a few mechanisms through which a violent attack or assault could damage your hearing. It is essential to remember that most offenders are either unidentified or do not have the financial means to compensate their victims. That is why the UK Government established the Criminal Injuries Compensation Authority (CICA) in 1996 to offer financial support to blameless victims of violent crimes.
The Ministry of Justice funds the CICA and offers compensation based on 25 different tariffs according to the severity of the injury. According to these, you could receive £44,000 for total hearing loss in both ears.
Some of the eligibility criteria for a CICA claim include:
To find out if you may be eligible for CICA compensation, call 0800 470 0474 today for a free consultation with a legal adviser or use our contact form to request a call back.
All healthcare professionals have a legal duty towards their patients. They must follow the extensive guidelines offered by bodies such as the National Institute for Health and Care Excellence (NICE) and the General Medical Council (GMC) to ensure patient safety and prevent avoidable harm.
All doctors are expected to possess the necessary skills and knowledge to accurately diagnose and treat medical conditions, including those that could damage your hearing. Thus, you could make a medical negligence claim for hearing loss if your solicitor can prove that:
Examples of situations that could constitute a breach of duty and lead to a compensation claim include:
If someone’s hearing has been affected because of another party’s negligence, and they cannot handle a compensation claim themselves, you could be able to represent them. The court will name you their litigation friend if you have no conflicting interests and can conduct legal proceedings fairly and competently. Once appointed, you will have several duties, which include:
The litigation friend process is used when the claimant cannot manage their own case due to age (being under 18) or being a protected party under the Mental Capacity Act 2005, meaning they suffer from conditions such as:
The compensation secured for a child or a protected party must be agreed to by a judge during a court hearing. Once approved, your lawyer can help you set up a personal injury trust to manage the awarded funds on behalf of your loved one until they turn 18 or regain their mental capacity.
If you’ve suffered any degree of deafness due to someone else’s negligence and want to seek compensation, you must start your claim within three years from:
According to the Limitation Act 1980, if you miss the three-year deadline, your case will be statute-barred, and the court will no longer accept it. For this reason and to have better access to evidence, we advise you to contact a hearing loss claims solicitor as soon as possible. Not only will this help you to receive your compensation sooner, but it can also improve your chances of making a successful claim.
There are a few exceptions to the three-year claim limitation date:
Every claim is unique, and the amount of compensation you can claim will be calculated based on your specific situation. This will aim to reflect the pain, suffering and loss of amenities caused by your condition (general damages), as well as any financial losses and expenses incurred as a result (special damages).
Your deafness claim will take into account the following:
Special damages will be calculated based on financial documents such as receipts and payslips, so it is essential to keep records of all your expenses. On the other hand, general damages do not have a specific monetary value attached to them and are based on the guidelines from the Judicial College. According to our compensation calculator, you could receive:
There is no set amount of time for resolving a personal injury claim for hearing loss. If your case is straightforward, such as after a car accident where liability is clear, it could settle within a few months. If the circumstances of your injury are more complex and proving liability is not that easy, your claim could take several years.
Some of the factors that will play an essential role in determining how long it may take to receive compensation are:
While it could take years to resolve your claim if it is particularly complex, your injury lawyer could secure interim payments on your behalf in the meantime if:
If you’ve suffered hearing loss and are able to claim compensation, the solicitors we work with will be happy to take on your case on a no win no fee basis. This is the most common option for funding a personal injury claim, as it allows you access to a lawyer regardless of your financial situation and without taking any risks.
Furthermore, you can be confident that you have a high chance of success, as your solicitor will not be able to recoup their costs if your case fails. No win no fee works like this:
Besides the conditional fee agreement with your solicitor, you can also benefit from After the Event (ATE) insurance. The ATE is a type of insurance that will cover all the costs associated with the litigation process if your claim fails, including:
The cost of the ATE will be established based on the strength of your claim, and you will only pay it if and after you receive compensation. If you lose, the insurance will also cover the ATE premium.
To find out if you can make a no win no fee hearing loss claim, please contact us today by calling 0800 470 0474 or using our online contact form to request a call back.