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Loss of Hearing Compensation: No Win, No Fee
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Loss of hearing is a devastating and life-altering injury that can have profound physical, emotional, and financial consequences for those affected. When hearing damage occurs as a result of someone else’s negligence or wrongdoing, it is imperative that individuals seek compensation to help them cope with the challenges they face. Loss of hearing compensation claims provides a legal avenue for individuals to pursue financial reparation for the harm they have endured.
Common accidents and negligence that lead to loss of hearing
Loss of hearing can result from various accidents and instances of negligence. Some common causes include:
- Occupational Noise Exposure: Excessive noise induced hearing loss (NIHL) can be caused by prolonged exposure to loud noises in the workplace, such as machinery, construction sites, or industrial equipment. Industrial deafness compensation claims may be brought if employers fail to provide adequate hearing protection or control measures to minimise noise exposure.
- Explosions: Explosions, whether in industrial settings, construction sites, or as a result of accidents such as gas leaks or faulty equipment, can cause sudden and severe hearing loss (acoustic shock) due to the intense sound pressure levels generated.
- Head Trauma: Traumatic head injuries can damage the auditory system and result in partial or total hearing loss.
- Medical Negligence: Negligence by medical professionals during procedures or treatments can sometimes lead to hearing loss. For example, improper administration of anesthesia during surgery or failure to diagnose and treat infections or conditions affecting the ear can result in hearing impairment.
- Exposure to Ototoxic Substances: Certain chemicals and medications, known as ototoxic substances, can damage the structures of the inner ear and lead to hearing loss. Exposure to these substances in the workplace or through medical treatment can result in hearing impairment if proper precautions are not taken.
- Lack of Safety Precautions in Recreational Activities: Activities such as hunting, shooting, or attending loud concerts or events without adequate hearing protection can result in noise-induced hearing loss. Negligence may occur if organisers fail to provide or enforce safety measures to protect participants’ hearing.
In all these cases, negligence or lack of appropriate precautions can significantly contribute to the loss of hearing. Our team of solicitors at Beacon Law can assist with industrial deafness claims and loss of hearing compensation claims. If you have suffered hearing loss, then please get in touch today to find out more.
Employer’s responsibilities
The Health and Safety at Work Act (HSWA) 1974 is a key piece of legislation in the UK that outlines employers’ responsibilities and duty of care regarding employee safety and well-being.
Employers have several responsibilities related to preventing and addressing hearing loss in the workplace. Here are some key aspects of their responsibilities:
- Provide a Safe Working Environment: Employers are responsible for providing a safe working environment for their employees, which includes minimising exposure to loud noises that could lead to hearing loss. This may involve implementing engineering controls (such as sound barriers or quieter machinery) and administrative controls (such as limiting exposure time or providing hearing protection).
- Conduct Risk Assessments: Employers should conduct regular risk assessments to identify potential hazards in the workplace, including those related to noise exposure. These assessments can help determine the level of risk to employees’ hearing and inform the implementation of appropriate control measures.
- Provide Training and Education: Employers should provide training and education to employees about the risks of noise exposure and how to prevent hearing loss. This may include training on the proper use of personal protective equipment (such as earplugs or earmuffs) and the importance of taking breaks from noisy environments.
- Offer Hearing Protection: Employers should provide hearing protection devices, such as earplugs or earmuffs, to employees who are exposed to loud noises as part of their job duties. They should also ensure that these devices are properly fitted and maintained.
- Monitor Noise Levels: Employers should regularly monitor background noise levels in the workplace to ensure that they comply with relevant safety standards and regulations. This may involve conducting noise surveys and implementing measures to control excessive noise.
- Implement Hearing Conservation Programs: In workplaces where employees are regularly exposed to high levels of noise, employers may be required to implement a hearing conservation program. These programs typically include measures such as regular hearing tests for employees, monitoring of noise levels, and education and training on hearing loss prevention.
By fulfilling these responsibilities, employers can help protect their employees from the risk of hearing loss and create a safer and healthier work environment.
What is the loss of hearing compensation claims process?
During your initial consultation, our specialist solicitors will provide you with legal advice about ear injury and loss of hearing claims and will inform you about the relevant limitation rules.
Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.
During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.
Your personal injury claim solicitor may also ask that you undergo an official medical examination in order to receive medical reports about the loss of hearing injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of your injuries. Even if you have received other medical care prior to starting your eye injury claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.
If we think that your loss of hearing claim would be likely to succeed, we will offer to proceed with your claim on a no win, no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees. Please note that there are certain time limits to making a hearing loss claim, so it is advisable to contact us as soon as you are able.
How much compensation could you receive?
The amount of compensation awarded will depend on the type of injuries suffered, as well as the severity of these injuries. For example, loss of hearing in both ears will typically result in more compensation than loss of hearing in one ear.
General damages that could be awarded will also depend on the impact that the loss of hearing has had on the claimant’s daily life, whether any long term care is needed, and whether any adaptations need to be made to the claimant’s home in order to assist their new way of living.
Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury. This could include loss of hearing compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical treatment such as specialist hearing aids, travel costs, and the cost of ongoing care if this is needed.
We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings.
Due to the complex nature of loss of hearing injuries, it may be difficult for our personal injury solicitors to provide you with an exact estimation of compensation amounts you could be awarded. Undergoing a medical assessment will provide a more accurate report on the injuries that have been sustained and will help when calculating the amount of compensation that you could be awarded alongside judicial college guidelines.
Why choose Beacon Law?
If you are looking to make a hearing loss compensation claim then our team of personal injury experts are ready to assist you.
We can provide expert legal advice on all types of claims and have experience in dealing with a range of injuries, such as spinal injuries, brain injuries, amputations and paralysis.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority in England and Wales.
If you have suffered from a hearing/ear injury, then please call our team today on 0330 1332 857 to start your loss of hearing compensation claim or complete our contact form at the top of the page to start your claim online, and a member of our personal injury team will give you a call back.
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