Hearing loss and tinnitus are increasingly recognised as significant issues faced by former and serving members of the British Army, Royal Navy, Royal Air Force, Special Forces, Marines, Territorial Army or reserves. These conditions often arise due to prolonged exposure to high levels of noise during operational peacetime training exercises (but excluding time served in a ‘war zone’ commonly known as ‘combat immunity’) where ear protection may have been inadequate, unavailable, or not enforced correctly. If you are experiencing difficulties due to your time serving, you may be entitled to make a claim for compensation.
Who can make a claim for British Army Deafness and Tinnitus?
You may be eligible to claim if you served any time after 1987 in the British Army, Royal Navy, Royal Air Force, Special Forces, Marines, Territorial Army or reserves and have developed hearing loss or tinnitus due to your time serving. This includes both former and current personnel. Common scenarios leading to hearing damage include:
- A lack of adequate hearing protection provided by the Ministry of Defence.
- Exposure to loud weaponry, such as firearms or explosives, during training or combat.
- Working with heavy machinery or in noisy environments, such as aircraft hangars or armoured vehicle depots.
If you can prove that suffered hearing loss as a direct result from your time serving, there may be a good chance you can claim compensation but the expsoure to noice must be during peactime training not during compat, war time operations.
Combat Immunity v Training and Peacetime Operations
Combat immunity is a legal principle that protects the Ministry of Defence (MOD) and the UK Government from being sued for negligence in relation to decisions and actions taken during combat operations. This means that armed forces personnel cannot bring a claim against the MOD for injuries or deaths sustained in active combat situations. However, this immunity generally does not apply to injuries sustained during training, peacetime operations, or failures in equipment and planning that occur outside of direct combat.
Key Cases on Combat Immunity
- Smith & Ors v Ministry of Defence [2013] UKSC 41
- The UK Supreme Court ruled that combat immunity does not extend to decisions made far from the battlefield, such as procurement failures or inadequate equipment provided to soldiers.
- Mulcahy v Ministry of Defence [1996] EWCA Civ 1323
- A case where a soldier injured by friendly fire was unable to sue the MOD due to combat immunity.
Combat vs. Training
- Combat immunity applies during active military operations, war zones, and direct combat situations.
- Negligence claims can still be made for tinnitus and hearing loss (and other injury claims) caused by failures in training, equipment supply, medical care, and decisions made outside of active battle.
What is Tinnitus?
Tinnitus is the perception of sound in one or both ears without an external source. This can manifest as ringing, buzzing, hissing, or whistling, and its intensity can vary from person to person. For some, tinnitus may be mild, while for others, it can be debilitating, affecting their ability to concentrate, communicate, and sleep. More information for claims for army tinnitus can be made in isolation to hearing loss.
The condition is commonly associated with hearing loss, especially when the inner ear or auditory system has been damaged by exposure to loud noises. Military personnel are at higher risk of developing tinnitus due to the high-decibel environments they are exposed to during training or active service, such as gunfire, explosions, and heavy machinery. Despite using ear protection, prolonged or repeated exposure to loud noises can cause irreversible damage to the auditory system.
Tinnitus can make daily life more challenging, and for many veterans, it becomes a constant struggle. If you served in the military and are experiencing tinnitus, seeking medical advice is essential, as treatments such as tinnitus maskers and hearing aids can help alleviate the symptoms.
How do I prove hearing loss against the British Army?
This is done by obtaining an expert medical report from an ear, nose and throat (ENT) expert who will assess your hearing by using a variety of tones and volumes. Air conduction is tested by headphones whereas bone conduction is tested using an oscillator. Your hearing will be recorded using an audiogram and this will display the quietest volume at which a patient can hear each frequency. The louder the sound required for the patient to hear, the worse their hearing is and the lower on the audiogram they will plot. Hearing is tested in both ears separately, both air and bone conduction are tested independently. When patient has normal hearing, all readings will be between 0-20 decibels at the top of the audiogram. When a patient suffers from hearing loss, the readings for either or both bone conduction and air flow will be below 20 decibels.
It may well be you have seen your GP in the past and an audiogram has been performed where the expert would require copies of your records to establish the test and how it compares to the test performed by the expert.
How to prove that the British Army are to blame.
It is clear with the rise in cases relating to soldier deafness that British Army are responsible. This is because they have failed to provide soldiers with suitable hearing protection throughout their time serving. In the case of Barry v Ministry of Defence, evidence displayed that Mr Barry could not use hearing protection in his left ear when he was also wearing a personal role radio, because if he did so he could not hear the radio communications. Secondly, the ear plugs often fell out when undertaking vigorous physical activity (including exercises that simulated warfare). They could be replaced only when there was a pause to permit a “re-org”. The British Army should have had measures in place to ensure that earplugs did not fall out during training and that soldiers could wear ear protection under their radios whilst still being able to hear the radio.
Time limits to make a claim against the MoD
The time limit for making a claim for hearing loss against the Ministry of Defence is three years from the date you first linked that your hearing loss and/or tinnitus was due to your military service. This limitation means that claims must be made within three years, or you may not receive compensation. There are some circumstances where the timeframe may differ, so it is essential that you seek advice from a solicitor. You should start your compensation claim as soon as possible to give your solicitors the best chance of building a solid case.
How much compensation can I claim against the British Army?
When making a claim against the British Army for hearing loss and/or tinnitus, compensation is typically awarded for:
- Impact on daily life: compensation may address the ways in which hearing loss has affected your overall quality of life, including interactions with family members and others.
- Pain and suffering: this includes the physical and emotional impact of hearing loss or tinnitus, such as difficulty communicating or disrupted sleep.
- Loss of earnings: if your income has affected your ability to work, or caused you to be discharged from work, you can claim for loss of income, both past and future. In one case, a former army member recovered over £700,000 at court.
- Medical expenses: this will cover the cost of any treatments and any ongoing therapies.
- Hearing Aids: the cost of hearing aids may be recoverable from date of claim for your lifetime and if you suffer from tinnitus, various digital aids such as tinnitus maskers will be recoverable for your lifetime. Hearing aid prices can typically range from £500 to £3,500 per device , the cost varies depending on several factors, including the technology level, features, and brand. More advanced models tend to be at the higher end of the spectrum.
The usual compensation expected for tinnitus and noise-induced hearing loss (NIHL) is:
- Severe tinnitus and NIHL £36,000 to £55,000
- Moderate tinnitus and NIHL or moderate to severe tinnitus alone £18,000 to £36,000
- Mild tinnitus with some NIHL £15,000 to £18,000
- Mild tinnitus alone or mild NIHL alone around £14,000
- Slight or occasional tinnitus with slight NIHL £9,000 to £15,000
- Slight NIHL without tinnitus or slight tinnitus without NIHL up to £8,500
In some cases, it is possible to claim for hearing aids which have been needed for a period in the past. The expected compensation for this would be estimated between £6,000 for 5 years and around £12,000 for 15 years.
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Examples of UK payouts for British Army hearing loss claims and Tinnitus
Soldier deafness compensation amounts can vary, but the below examples provide an indication of how much could be awarded.
- Barry v Ministry of Defence [2023] – £713,716
- Inglis v Ministry of Defence [2019] £545,766
- Constance v Ministry of Defence [2020] £171,615
- McDonald v Indigo Sun Retail Ltd [2022] £241,277
- Harris v BRB (Residuary) Ltd and another [2005] £10,000
- Denny v Chivas Brothers Ltd [2023] £45,594.13 plus interest
- Atkinson v Chief Constable of Northern Ireland [2015] £18,500
- Doyle v Advocate General for Scotland [2013] £5,000 reduced by 25%
Military Tinnitus and Hearing Loss Claims
Tinnitus manifests as a constant or intermittent sound in the ears, which can include ringing, buzzing, hissing and other noises. The intensity and duration of tinnitus can vary from person to person. Tinnitus is usually caused by:
- Hearing loss
- Damage to the inner ear
- Exposure to loud noises
For some soldiers, tinnitus may be a mild annoyance, whereas for others it can be debilitating making it difficult to concentrate, communicate and sleep.
Military veterans are at a higher risk of developing tinnitus due to their exposure to hazardous noise levels during their service. Common sources of loud noise in military environments include:
- Gunfire and explosions in combat or training
- Aircraft, vehicle and heavy machinery noise
- Firearms training and exercises
- Exposure to loud equipment
Even with hearing protection, prolonged or repeated exposure to high decibels can cause irreversible damages to the auditory system and many veterans link their symptoms to their exposure to loud noises whilst serving in the military.
What Other Claims Can Be Made for Army Deafness?
If you served anytime in the Armed Forces after 1987 and are suffering from tinnitus as a result of this, you could be entitled to compensation. Military personnel are exposed to a high level of excessive noise. During your time in the armed forces you may feel that there was failure in giving you sufficient health and safety training or failure in being provided with appropriate ear protection. The Ministry of Defence and other branches of the armed forces are responsible for protecting the health and well-being of service members, and compensation can be claimed when negligence or lack of adequate protection against hearing damage occurs.
Hearing loss and tinnitus should not be taken too lightly, it is not simply a matter of missing conversations, hearing damage can end military careers and affect future civilian job prospects. In the case of Barry v Ministry of Defence, Mr Barry was discharged from the marines due to significant hearing loss and therefore suffered from a huge loss of earnings as well as a negative impact on his day-to-day life. Mr Barry made a claim against the Ministry of Defence because of this and was awarded a significant sum.
In addition to disability compensation, veterans with tinnitus may also be eligible for:
- Tinnitus maskers: These are devices that produce soothing sounds to mask the ringing or other noises of tinnitus. They can be used to make tinnitus less noticeable.
- Costs of hearing aids
- General damages for pain, suffering and loss of amenity
- Loss of earnings
- Loss of pension
Why You Need Legal Assistance from Hutcheon Law
Navigating the claims process can be complex and time-consuming, particularly when dealing with a condition like tinnitus, where medical evidence is crucial. Working with us can significantly increase the chances of a successful claim. The importance of instructing a solicitor early is because:
- Preservation of evidence
- Checking to see if any former colleagues can support the alleged negligence
- Obtaining the best possible medical support and diagnosis
- There is a three-year limitation period to make a claim
- Help and legal support
- Reassurance that everything possible is being done to prove a claim
