In order to maximise the potential for making a successful compensation claim for industrial deafness you should take into account the following broad guidelines.
- Go to a suitable qualified medical professional and establish that you are suffering from a deafness condition and/or tinnitus. This needs to be confirmed by an official report detailing the extent of the injury.
- In order to pursue a claim for industrial deafness it is necessary that you can prove that the hearing injury was caused as a consequence of the work environment. This means that you may have to collate witness statements from workmates and provide documentary evidence from your employers detailing the work place conditions.
- You will need to show that at the times in which you were exposed to the levels of noise that caused your injury that your employer could reasonably foreseen that hearing injuries could have been sustained due to the exposure of the noise in the workplace.
- Your employer needs to be shown to be negligent with regards to their ineffective efforts to protect you from noise in the workplace.
Please note that tinnitus alone is not categorised as an industrial disease. If tinnitus has been sustained as part of a further hearing disorder which you believe was caused due to excessive noise in the workplace then tinnitus can be considered in conjunction with hearing loss when compensation award levels are calculated. However, tinnitus alone, whether it has been developed in work or not will not be considered as an industrial injury that claim proceedings can be initiated for by sufferers.
There are time limits involved which dictate when a claim can be made in relation to when the hearing problem developed, therefore, it would be prudent to speak with a qualified legal professional to discuss the merits of your possible claim.
Call 0800 122 3130 to speak to a friendly and knowledgeable claims advisor.