Noise at work
Hearing damage caused by noise at work
Deafness and tinnitus caused by excessive noise at work
Are you suffering from noise-induced hearing loss caused by industrial or occupational noise?
Noise at work and the laws to prevent occupational or industrial hearing damage
Claiming compensation for noise-induced hearing loss, tinnitus and deafness
Hearing damage caused by noise at work
If your hearing has been damaged due to noise at work you might be entitled to compensation from your employer. If you think you may have a claim, please contact us on 0870 143 0970.
Deafness and tinnitus caused by excessive noise at work
Are you affected by damage to your hearing caused by noise?
Noise at work and the laws to prevent occupational or industrial hearing damage
Claiming compensation for noise-induced hearing loss, tinnitus and deafness
Deafness and tinnitus caused by excessive noise at work
Noise-induced hearing loss (NIHL) is caused by long-term exposure to noise. It can take many years, with sufferers often in their retirement, before significant hearing problems arise. Many people put their problems down to general ageing, rather than making the link with their work many years before. Hearing loss is generally irreversible and hearing aids are usually the only way to help with the condition.
Noise-induced tinnitus can be the result of damage caused by excessive noise and is characterized by the sound of buzzing in the ears. In bad cases, the buzzing is constant and can even make sleeping difficult. Tinnitus can also have emotional impacts such as anxiety or depression.
Tinnitus can affect quality of life, enjoyment of hobbies and leisure activities such as reading, listening to music.
There’s no cure for tinnitus, but very bad cases can be helped by using a ‘masking’ device which lessens the intensity of the buzzing.
Are you suffering from noise-induced hearing loss caused by industrial or occupational noise?
The first symptoms of noise-induced hearing loss include:
- missing parts of a conversation
- not being able to hear conversation where there is background noise
- having to turn the television up loud
- partners thinking they’re being ignored.
If you suspect your hearing is damaged, you should visit your GP and ask for a hearing test. This will be carried out by your GP or by an Ear Nose and Throat Specialist. If your hearing loss could be related to your work it’s well worth seeking legal advice about the possibilities of claiming compensation.
You could claim compensation for noise-induced hearing loss, tinnitus and in some cases the cost of future hearing aids.
If you think your hearing has been damaged due to excessive noise at work please contact us now on 0870 143 0971.
Noise at work and the laws to prevent occupational or industrial hearing damage
In 1963, Noise and the Worker was published and, legally, industry knew about the damage caused by noise at work from this point.
A landmark legal judgement (Thompson v Smith Ship Repairers) in 1984 confirmed that employers ought to have known of the damaging effects of noise on the hearing of their employees from 1963.
The laws controlling noise at work
- The Factories Acts (1959 and 1961) gave employers the responsibility to make the workplace as safe as practicable. Successive cases have made the Courts accept that this also applies to exposing workers to damaging noise levels. In 1996 The Factories Act (1961) was repealed, but anyone exposed to high levels of noise in the workplace between 1963 and 1996 can claim compensation for damage to hearing under the Factories Act.
- The Noise at Work Regulations (1989) set the limits for noise exposure as 85dB and 90dB. The law compelled employers to perform noise assessments, reduce noise by improving machinery, provide hearing protection, identify and clearly mark areas as Ear Protection Zones as well as giving workers information on the risks of noise to their hearing. If an employer can be shown to have not taken these steps, anyone who has been exposed to excessive noise (levels above 85dB on a “daily dose” basis) from 1990 can make a claim for compensation against their employer for damage to their hearing.
- The Control of Noise at Work Regulations (2005) cover noise in the workplace in the music and entertainment sectors, as well as industry. They also set new levels for excessive noise, reducing these to 85dB and 80dB. Employers now have even more responsibility to protect employees’ hearing from noisy environments.
Claiming compensation for noise-induced hearing loss, tinnitus and deafness
In order have a successful claim for compensation for noise-induced hearing loss you must be able to:
- Establish that you are suffering from noise induced hearing loss and/or tinnitus, confirmed by a report from a medical expert.
- Show that the condition has been caused by exposure to a particular noise source i.e. particular employment supported by witness statements and documentary evidence from the employers.
- Show that at the time of exposure your employer could have foreseen that you might suffer from noise induced hearing loss or an associated condition.
- Show that your employer was negligent in protecting you from the noise.
If you have been exposed to excessive noise with more than one employer you may have a compensation claim against more than one company. If they have gone out of business it is possible to apply to the Companies’ Court to restore names of firms to the register so that legal action can be pursued against their insurers.
If you think your hearing has been damaged due to excessive noise at work please contact us on 0870 143 0970.
Case studies
You can read about noise at work cases that we have run.
Noise at work Fact Sheet