How an Accident Claim Can Arise from Hearing Loss at Work
Hearing problems are a common ailment suffered by those who live or work in noisy environments. Examples of such environments are working with factory machinery or living near building works. Social activities can also be responsible for causing hearing problems, activities such as clubbing and clay pigeon shooting can damage the ears. Your GP should be able to advise you what exactly is causing the damage to your ears, if they are unable to do so they will refer you to a specialist ENT surgeon to assess the level of damage and the cause.
The following are signs that you may be suffering damage to your hearing:
- Your understanding of people's speech is becoming inhibited.
- It may be that you notice that you cannot hear background noise or whispers anymore
- Ringing noises can be left in your ears when you have been subjected to loud sounds
- You have tinnitus (constant buzzing or ringing in your ears)
One of the most widespread causes of hearing loss is prolonged exposure to noise pollution encountered whilst at work. If you have suffered damage to your hearing whilst working then you may be entitled to claim compensation from your employer.
An employer is under a statutory duty to do a risk assessment of noise pollution in the working environment (Control of Noise at Work Regulations 2005). They are also under a duty to implement protective measures when noise levels reach 85dB(A). Examples of tools or processes, which would cause noise to reach this level, are using power drills or arc welding.
An employer should give employees ear protectors if they are regularly exposed to high levels of noise. It is the employer's responsibility to make sure that protective ear wear is changed regularly so that it remains hygienic and also that it does not cause dangerous isolation for the employee wearing it. An employer can make changes to their employees working environments which help reduce hearing damage, a good example is designing a timetable so that employees are intermittently expose to loud noise, another is using cushioning or screening around machinery which 'dampens' out noise. Although not a strict legal requirement, it is often good practice for an employer to provide regular health check ups for employees with high exposure to noise with an occupational health provider.
If an employer fails to do a sufficient risk assessment or fails to provide adequate ear protection and consequently one or more employees suffer damage to their hearing, they may be entitled to make work accident claims for compensation.
If you have suffered a loss of hearing due to exposure to noise whilst at work, then contact an experienced accident claim solicitor for more information about whether or not you can claim compensation. Any damages awarded will be relative to the level of injury suffered and what effects it will have on your future.