Compensation for Deafness At Work – How Its Calculated
In this brief article on compensation of deafness caused by noise at work, we discuss how the court will look at calculating the amount of compensation an employee would obtain if successful at court.
This is only a brief guide and meant to be read by non-solicitors, to help understand what happens when our industrial deafness solicitor argues your case for compensation at work.
Requirements to Obtain Compensation for deafness at work
The following are required to obtain compensation for hearing loss caused by excessive noise:
- You must be exposed to excessive noise since 1963
- You must inform your solicitor that you have a hearing disability and find it difficult to hear in public places such as a pub or social gathering or where there is background noise, hard to hear the TV or radio so have to turn up the volume etc.
- That on medical grounds by way of a hearing test, there is evidence that there is noise damage.
Once the above basic criteria has been established your hearing loss compensation solicitor will then see if your employer is still operating, if not your hearing loss solicitor may be able to trace the employer’s insurance company. Even though your employer may no longer be trading, if the hearing loss solicitor can trace their insurance company, the insurance company are still liable to pay you the deafness compensation claim.
How Hearing Loss Compensation is Calculated
Once you have been medically examined by an independent medical ENT surgeon and there is evidene of noise damage due to work, the compensation for deafness at work will be assessed as follows:
- Establish your over all hearing loss due to noise damage.
- Consider any age related loss (where no compensation is paid).
- Consider any other factor that may have caused you a hearing loss – this could be due to a previous head injury, drugs that have damaged your hearing etc.
- Refer to previous Judgements by the Court on claims similar to yours.
- Quantify the compensation for deafness at work.
- Take your instructions and advise you of the level of compensation for deafness at work.
Once the above has been established your solicitor will then negotiate with the insurance company of your previous or current employers to claim compensation for deafness at work.
Please be aware that specialist hearing loss claim solicitor may be able to claim a greater amount of compensation than general personal injury solicitors. Other items may be claimed such as hearing aids, if you suffer from tinnitus (noises or whistling in your ears) the cost of tinnitus maskers.