TINNITUS & INDUSTRIAL DEAFNESS COMPENSATION

The Medical Research Council estimated that over half a million people in Great Britain suffer from hearing difficulties as a result of exposure to noise at work. The Department for Work and Pensions (DWP) estimate that a total of only about 14,000 people receive disablement benefit for tinnitus and occupational hearing loss which is due to the substantial degree of disability required in order to qualify. The requirements for civil industrial deafness compensation claims are substantially less onerous than those required to claim Government benefits.

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Tinnitus is difficult to explain and define. It is a sound heard only by the sufferer. The sound emanates from the victims own auditory system. No one else can hear it. It can manifest itself in a number of different ways including ringing in the ears or 'whooshing' sounds. The origins of tinnitus seem to have been defined and are due to subconscious attempts to improve the sufferers response to sounds following hearing loss or damage to the auditory system which can have occupational origins. The main problem appears to be that the brain picks up and responds to background noises that are produced by the mechanism of the ear but are usually filtered out by the brain as irrelevant to normal living requirements. We all produce these sounds from our own auditory system but most of us filter out the unimportant background noises and so ignore them, unlike the tinnitus sufferer who hears every snap, crackle and pop of the system as it operates. The effects of tinnitus are very disturbing. Sufferers can become depressed and ordinary everyday living can become difficult or impossible. There are things that can be done to improve or mask the problem but a cure is not always possible.

SOLICITORS HELPLINE 0870 174 0140

Our lawyers operate throughout the United Kingdom and they are all members of Solicitors Regulation Authority panel of personal injury experts. Compensation is paid in full with no deductions and you will not be expected to fund or finance your claim as it proceeds to settlement. We guarantee without reservation that our industrial deafness and tinnitus compensation claims are completely risk free. This condition affects thousands of people every year and our team of solicitors, who are all members of the Solicitors REgulation Authority panel of personal injury experts, have substantial experience in dealing with tinnitus and industrial deafness compensation claims. An employer has a legal duty to protect his employees from harm and if he fails to do so and physical injury occurs then he is legally obliged to pay compensation for any damage caused.

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The Noise at Work Regulations 1989:-

• a noise assessment must be performed where there is likely to be exposure to dangerous noise levels
• there is a legal duty to reduce the risk of noise damage to the lowest level reasonably practicable
• for noise between 85 dBA and 90 dBA hearing protection should be provided if requested
• for noise over 90dBA the employer must provide hearing protection and ensure that it is used
• the work force must receive instruction on the risks of damage to hearing from exposure to noise and be advised of remedial steps to protect from exposure
• areas exceeding 90dBA must be clearly marked as ear protection zones

SOLICITORS HELPLINE 0870 174 0140

Not all hearing loss gives rise to industrial deafness compensation claims. Hearing loss or tinnitus can be caused by old age, childhood illnesses or by changes in the ear caused by exposure to excessive noise levels. An audiogram carried out by an ENT consultant who is experienced in this type of claim will positively identify the cause of deafness. This test cannot be exaggerated or cheated and the consultant will without doubt be able to come to the correct conclusion. If the audiogram shows a typical hearing loss pattern and there has been exposure to excessive noise at work then any past employers may be liable to pay compensation.

The Health and Safety Executive PO Box 1999, Sudbury, Suffolk CO10 2WA Tel: 01787 881165 Fax: 01787 313995 Website: www.hsebooks.co.uk, produce a number of books to assist in these problems:

Sound Solutions: techniques to reduce noise at work. HSG138, ISBN 0-7176-0791-7, HSE Books.

Sound Solutions in Food and Drink: reducing noise in food and drink manufacturing. HSG232, ISBN 0717625486, HSE Books.

Reducing noise at work. Guidance on the Noise at Work Regulations 1989. L108, ISBN 0-7176-1511-1 HSE Books.