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Can I Sue My Employer for Hearing Loss?

Any level of hearing loss can have a dramatic impact on your quality of life. While mild loss of hearing or occasional tinnitus can be quite annoying, deafness in one or both ears can mean you have to rely on others for the rest of your life. Crucially, you could sue your employer for hearing loss if your condition has been caused by your working conditions. As such, this guide explores when claims might be possible and how much compensation for hearing loss you could receive.

If you’re thinking about suing an employer for loss of hearing, we can help. You can ask our advisors any questions you might have about claiming and they’ll assess the merits of your case for free. If it looks like you have the grounds necessary to sue your employer, they could connect you with one of our specialist solicitors. If the claim proceeds, your solicitor will act on a No Win, No Fee basis.

To find out more about suing your employer for hearing loss, you can:

  • Phone 0333 241 2519 to speak to a legal advisor.
  • Ask questions via our live chat service.

Please read on for more on how work-related hearing loss claims work or contact our team if you’d like to discuss your options now.

Can I Sue My Employer for Hearing Loss in the UK?

You may have grounds to sue your employer for hearing loss if:

  • Your employer owed you a duty of care; and
  • That duty was breached because your employer was negligent; and
  • You have been diagnosed with hearing loss in the last three years that can be linked to that negligence.

As you’ll read later on, there is a 3-year time limit for hearing loss claims against employers. However, this generally starts from the date the condition was diagnosed and linked to your employment. Therefore, you could make a claim against an employer that you worked for in the past as it can take years for hearing loss to develop.

What Are the Legal Grounds for Suing an Employer for Hearing Loss?

You have probably heard of the Health and Safety at Work etc. Act 1974. It puts a duty of care on employers to keep staff safe whilst they are at work. Other laws including the Control of Noise at Work Regulations 2005 could also be relevant in hearing loss compensation claims.

To try and uphold their obligations, some of the things employers could do to better protect your hearing include:

  • Conducting risk assessments and noise tests on a regular basis.
  • Installing soundproofing screens.
  • Consider replacing machinery with quieter alternatives where available.
  • Moving noisy equipment to less-populated areas of the workplace.
  • Enabling regular rest breaks away from excessive noise levels.
  • Providing ear plugs or ear defenders in areas where noise levels cannot be reduced – this is a requirement where average noise levels exceed 85 dB(A).

Failure to uphold these legal obligations could mean your employer has been negligent and this negligence could enable you to sue them for any subsequent loss of hearing.

For instance, you may have grounds to claim for work-related hearing loss if you’ve been diagnosed with any of the following conditions that can be linked to your working conditions:

If you or a loved one is suffering from work-related hearing loss and would like to seek compensation for your suffering, why not call our legal advisors now?

What Is the Process for Filing a Claim for Work-Related Hearing Loss?

Before you sue your employer for hearing loss at work, where possible, you should raise your concerns with your employer to give them the opportunity to try and resolve the issue. For instance, if you raise concerns with them, they could:

  • Make changes to your role to reduce your exposure to excessive noise.
  • Seek advice from an occupational health specialist.
  • Provide you with protective equipment to reduce the impact of excessive noise on your hearing.

If they fail to act, you may have grounds to begin a hearing loss claim against them. If that’s something you decide to do, you should:

  • Speak to a law firm about your options if you believe that your hearing loss is linked to your employment.

You can do this now by calling the number above and asking to speak to a legal advisor. Any initial advice given is free and you’re under no obligation to proceed with a claim following your call.

How Do I Prove That My Hearing Loss Was Caused by My Job?

To help prove that your employment has contributed to your hearing loss, you could:

  • Visit your GP for a basic hearing test. They might then refer you to a specialist for further tests to help confirm your diagnosis.
  • Ask for a copy of any occupational health reports obtained by your employer.
  • Keep a diary of any events that caused you to be exposed to excessive noise at work.

These steps may make it easier to prove why your hearing loss has occurred. It may also arm you with some of the evidence you’ll need to try and prove your case. More on this next.

What Evidence Do I Need to Support My Case for Hearing Loss Against My Employer?

Some examples of the types of evidence you could use to sue an employer for hearing loss include:

  • Copies of your medical records or specialist hearing tests.
  • Details of any witnesses who are able to confirm your working conditions.
  • Copies of any correspondence between you and your employer.
  • A copy of an independent occupational health report after a workplace survey.
  • A written record of how your hearing loss has affected you.
  • Details of any costs that have been accrued because of your condition.

If you work with one of our solicitors, they may try to secure further evidence to support your case. As such, please feel free to call us now if you would like to sue your employer for hearing loss even if you don’t have all of the evidence listed.

loss of hearing background

Start the process of claiming compensation for loss of hearing with a completely free consultation.

Our solicitors, with 30+ years of experience, provide a 100% No Win, No Fee service, giving claimants a risk-free option to pursue the compensation they deserve.

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Or call now on 0333 241 2519 to speak to a specialist solicitor.

How Much Compensation Can I Expect if I Win a Claim for Hearing Loss?

The level of compensation you’ll receive following a successful claim for loss of hearing is based on two heads of loss.

The first, general damages, covers any physical or emotional suffering you’ve endured. It is usually calculated by comparing your hearing loss with compensation brackets listed in the Judicial College Guidelines (JCG). Therefore, your solicitor is likely to use medical records and independent hearing tests to get a good understanding of your level of hearing loss.

Special damages, the second head of loss, could also contribute to any compensation payment. They cover costs associated with your hearing loss claim. For instance, you could receive damages for:

  • Loss of earnings and any future reduction in income.
  • Medical expenses.
  • Support and care costs.
  • Travel expenses i.e. fuel or parking fees for hospital appointments.

Any costs you wish to include in your claim must be verified. Therefore, try to keep hold of any important receipts, wage slips or bank statements to help prove your case.

Do I Need a Solicitor to Sue My Employer for Hearing Loss?

The process of suing your employer for hearing loss might involve complex medical and legal evidence and questions. Therefore, to make your claim easier, you may find it beneficial to work with a solicitor who specialises in hearing loss claims.

If you work with one of our specialist solicitors, they will:

  • Deal with your employer and their insurers on your behalf.
  • Prepare your case and present it on time.
  • Fight your corner in any negotiations.
  • Try to ensure you receive the right level of compensation if the claim is won.
  • Keep you up to date throughout the claims process.

Our solicitors provide a No Win, No Fee service for any loss of hearing compensation claims they take on. As such, you won’t need to pay your solicitor for any of their work unless the claim is successful. This is set out in your contract or Conditional Fee Agreement (CFA).

If you receive compensation for work-related hearing loss, your solicitor will deduct a success fee from your settlement. This is a percentage of your compensation that’s legally capped at 25 per cent for your protection.

To see if you could sue your employer for hearing loss on a No Win, No Fee basis, please call us now.

What Are the Potential Risks of Suing My Employer for Hearing Loss?

As with any form of legal action, there may be some downsides to suing your employer. For instance, the claims process can be quite stressful and could result in financial expenses.

These are just two good reasons for working with a No Win, No Fee solicitor who’ll handle the whole claims process for you.

Before you begin the claims process, you should think about the pros and cons of taking legal action against your employer. As you’ll read next section, though, your employer can’t treat you any differently because of your claim and not taking any action at all could mean you miss out on the compensation you deserve.

Can My Employer Retaliate Against Me for Suing Them for Hearing Loss?

There should be no negative consequences if you decide to sue your employer for hearing loss. That’s because it would be illegal for your employer to pick on you, dismiss you, demote you, bully you or harass you as a direct result of your claim (so long as it is honest of course).

If you do face being unfairly disciplined after having an accident at work or retaliation after you have started the claims process, you should inform your manager or the HR department about how you are feeling in an email or letter. Ultimately, if the retaliation continues, you may have grounds to make a separate claim for unfair or constructive dismissal.

Are There Any Time Limits for Filing a Claim for Hearing Loss Against My Employer?

In the UK, the Limitation Act 1980v sets a 3-year time limit for all personal injury claims. As such, if you want to sue your employer for hearing loss, you generally need to begin the process within 3 years of the date your condition was diagnosed by a medical professional or from when you were aware your loss of hearing was due to your employment.

In exceptional circumstances, the 3-year time limit might be extended or not apply at all. For instance, if a loved one has lost their hearing as a result of their employment and they lack the mental capacity to claim (because of their age for instance), you could act as their litigation friend at any point to claim compensation on their behalf.

To check that you still have enough time to sue your employer for hearing loss at work, please call now.

Contacting Us About Claiming Compensation For Work-Related Hearing Loss

If you’ve been diagnosed with hearing loss which can be linked to your employment, why not contact us to see if you could be entitled to claim compensation? You can do so by:

  • Calling 0333 241 2519 and speaking with one of our specialists.
  • Using our 24/7 live chat service.

In your free initial consultation, we’ll review your case with you, explain your legal options and answer any questions you think of. If it’s clear you can sue your employer for hearing loss after your case has been reviewed, we might offer to take on your claim on a No Win, No Fee basis if it is accepted by one of our solicitors.

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