Are you a victim of Hearing loss or impairment ? Wondering if you’re eligible to make hearing loss claims? We can assist you.
If you can prove that your hearing loss was caused by medical malpractice or negligence, car accident or any other traumatic injury that was caused by another, there is a good chance you have a claim. What that claim may be worth? You’ll find out within this article.
A hearing loss or impairment which results from a frank incident is as serious as any other type of personal injury. When employers fail to provide their employees with adequate safety equipment and training especially when they are exposed to consistently high noise levels, this is a breach of duty. If you have suffered hearing loss or industrial deafness as a result, our expert solicitors can guide you through the process of making a no win no fee hearing loss claim.
Similarly, when doctors and healthcare practitioners fail to detect conditions that may lead to possible hearing loss, due to negligence or medical misdiagnosis, you may be eligible to make a claim.
Causes Of Hearing Loss
- Medical Negligence
While constant exposure to very loud and intense noise over time is very commonly a cause of hearing loss, some medical conditions can also lead to hearing loss. Doctors and specialists should be capable of identifying Ménière’s disease, other infections and tumours capable of causing hearing loss. Failure to do this could result in medical malpractice lawsuits.
Furthermore, surgical mistakes may lead to hearing loss. For example, procedures attempted at improving ear health, if not carried out properly may lead to severe damages.
The types of hearing loss that can occur as a result of medical negligence include;
- Conductive hearing loss
- Sensorineural hearing loss
- Mixed hearing loss
- Noisy Workplace
Noisy environments are one of the most common factors of hearing loss. Most hearing loss compensation claims are birthed gradually – condition where the individual’s hearing ability gradually deteriorates. A typical example is the hearing loss of a factory worker, which is the end product of an overtime exposure to a noisy work environment.
In a statistic by the Health and Safety Executive (HSE), 17,000 estimated workers suffered hearing loss between 2017 and 2020.
Some industries can cause noise-induced hearing loss (NIHL) — also known as industrial deafness or occupational deafness. Construction and factory workers are particularly at high risk as they are constantly exposed to sound from loud machineries.
Hearing loss claim against Noisy Employer
If you have been suffering hearing impairments due to the fact that your employer has not adhered to health and safety regulations to defend you against industrial noise, you are able to lodge a compensation claim.
This is also possible even if you began to suffer a hearing loss a long time after you worked in the industry or factory which is responsible for the problem.
In the process of assessing the compensation claim, the insurer will confirm if the employer whom the claim has been made against, is in actual truths a noisy employer. This would be determined by an investigation, and if the pieces of evidence confirm that the work time was a noisy one, there is a heightened chance of getting compensation.
Also, in the case that an occupational or employment noise assessment is necessary, the insurer helps arrange it and pays for it. However, an occupational noise assessment limits the establishment of proof on historic noise degrees In cases like these, the pieces of evidence utilized to establish noisy occupation may involve explicitly detailed testimonies from both workers and any attached medical evidence.
|Is Tinnitus a disability? Yes, it is a disability. Tinnitus is capable of incapacitation— from work and other daily personal and social actions— leading to disability. Even with treatment and therapy, Tinnitus can cause frustrating limitations.|
Suffering Industrial Deafness? — what to do!
Living with hearing loss or impairment is at best lifelong frustration. The difficulty in communicating with others usually has a knock-on effect on victims including but not limited to depression, emotional instability, and lack of self-confidence.
If you have suffered hearing loss as a consequence of a noisy workplace, it is unfair and you do not have to live with it. There is help available to you and you may be entitled to compensation that will help you get through this difficult time.
You can speak with an expert today for free. Simply contact us for a free claims assessment.
Meeting Our Team
There are thousands of individuals in the UK who have been living with work-related hearing loss. This is to say that you’re not alone in this struggle.
Our expert solicitors have enough experience from working with victims just like you over the years, and getting them their deserved compensation. We know exactly how to provide you with the assistance you need.
Our team offers you expert guidance and support throughout the entire process involved in lodging your compensation claim. Our promise is to provide you with the best legal support to enable you access to rehabilitation that will be necessary for you to live a full life again.
The Claiming Processes
A worker lodging a hearing loss compensation claim must prove that the hearing loss was indeed an aftereffect of a noisy workplace.
It is important that you seek professional advice the moment you realize that you might have suffered a frank incident leading to hearing loss. Identifying your condition earlier will increase your chances of getting help and possibly avoid the negative consequences of permanent hearing loss of damage.
An assessment process can be carried out by the ENT, to provide you with the following information:
- The level and potentiality of a binaural hearing loss
- The degree of the hearing impairment that can be attributed to the noise from the workplace
- Any recommended treatment — this can include a piece of educated advice on whether it would be good for the patient to use a hearing aid
What We Require As Evidence To Start Claim
- You must provide evidence of the alleged negligence of your employer, proving that they are responsible for your hearing impairment due to the fact that they didn’t abide by noise management rules and regulations. In the case of medical negligence, you must provide pieces of evidence showing medical malpractice on the side of your doctor and hospital.
- You must prove the causation. This means that you will have to provide evidence showing that the Injury is noise-related and that you were exposed to noise at your workplace. In the case of medical negligence, you will be required to provide pieces of evidence that confirm that the injury is a result of medical malpractice – for example the date of injury, all the records and statements of diagnosis and treatment received.
- You must prove that the hearing impairment has affected your overall living condition negatively enough for you to seek compensation. You must provide all necessary financial records showing your past, present and foreseeable losses.
Date of injury in hearing loss claims
The date of injury is considered to be the time the worker noticed the hearing loss. If at the time, the worker is confirmed to be employed at a workplace with a noisy environment, this date is considered.
Similarly, if at the time when the injury is noticed the worker is unemployed, or not employed at a workplace with a noisy environment, the date of injury is then considered as the last day they were employed in a noisy workplace.
The entity responsible for the management and payment of compensation is the employer’s insurer who carries out questioning on the considered date of injury.
The Case Of Recurrence
A recurrence mainly occurs when a worker is suffering a work-related injury and still experiences a re-emergence of symptoms, later in life. In this case, an analysis of the causal link is required.
How Much For Hearing Loss Compensation?
When it comes to compensation, all available pieces of evidence will be carefully considered to confirm if a reported injury is a recurring injury or a new one.
In the majority of cases, compensation is awarded based on the nature and severity of the hearing loss and the impact of the condition on the victim’s life.
Below are some criteria for which hearing loss compensation may be awarded:
- If you have work-related tinnitus or high-pitched ringing in your ears (this is the major reason behind lots of tinnitus claims UK).
- If you have distorted or muffled hearing.
- If you experience difficulty hearing in places with a lot of background noise.
- If you have worked in a very noisy environment for at least three or more years, there are chances you will suffer occupational deafness. You can pursue occupational deafness claims.
- If you have been diagnosed with hearing loss within the last three years.
Industrial deafness claims, tinnitus claims and hearing loss claims due to medical negligence in the UK can fetch you a payout of up to £1000 as compensation. Although compensation value varies from case to case, you can receive a lot of money to cover damages.
Making a hearing loss claim using Our no win no fee
We believe that everyone deserves access to high quality legal representation regardless of their financial capacity. This is why our solicitors operate a No win no fee agreement. What this means is that you can file your compensation claim for industrial, occupational deafness, car accident tinnitus, work-related tinnitus, medical negligence tinnitus claim, medical malpractice hearing loss claim, with no cost to you. No upfront fees, no hidden charges! In the case of an unsuccessful claim, you also owe us nothing.
However, if your claim is successful, we will require a payment of about a percentage of the entire amount of your compensation for our SUCCESS FEE. This payment is usually around 25% of the money you are awarded for compensation.
Our solicitors do their best to make sure of successful outcomes. We have a proven track record of success in securing maximum compensation for patients.
When you discuss with our team, you will be assigned to an expert who will critically investigate your case to determine whether your hearing loss compensation claim holds chances of success.
Feel free to contact us today and we will be more than happy to assist.