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Noise Induced Hearing Loss Claims
If you have been diagnosed with Noise Induced Hearing Loss within the last 3 years and it is associated with your past or present employment then contact LPS today.
LPS has dedicated Industrial Disease solicitors that have helped thousands of people successfully claim noise induced hearing loss compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee claims process.
What is NIHL?
Everyone experiences sounds in their everyday environment as a result of televisions, radio, machinery, appliances and traffic. Generally these sounds are at a safe level and do not affect our hearing. However, if an individual is exposed to a harmful noise that is too loud; or a continuous sound over a prolonged period, then the sensitive structures (hair cells) within the inner ear can be damaged. This is referred to as noise-induced hearing loss. Hair cells are small sensory cells that convert sound energy into electrical signals which travel to the brain, once these hair cells are damaged they cannot grow back.
Noise induced hearing loss can be caused by an exposure to an intense (impulse) sound such as an explosion, or by a continuous exposure to loud sounds over an extended period of time, such as noise generated in a factory or as a result of machinery.
Impulse sound can result in immediate hearing loss which can be permanent, this kind of hearing loss can be accompanied by tinnitus. Continuous exposure to loud noise also can damage the structure of hair cells which results in hearing loss and tinnitus but this process is more gradual than that produced by impulse noise.
- Noise induced hearing loss is preventable. To protect hearing it is important to:
- Understand which noises can cause damage (those at or above 85 decibels).
- Wear protective devices when involved in loud activities
- Be alert to hazardous noise in the environment
- Look after those who are unable to protect their own hearing
For some time long-term hearing loss has been an unnecessary risk in many workplaces. Whilst organisations have recognised these risks, too many have not provided adequate protection, training or indeed investment in machinery to reduce the level of noise within the workplace. Workplace noise is regulated by the Control of Noise at Work Regulations 2005 which places an obligation on organisations to control the risks to their employees’ health due to noise exposure. It also specifies that where the noise is unavoidable, the organisation should choose the most appropriate equipment to manage its usage and to keep the risks to a minimum. Furthermore, manufacturers and suppliers are also obliged to control the noise at source and to take protective measures wherever necessary under the Supply of Machinery (Safety) Regulations 2008.
What should you do now?
The team at LPS understand the need to achieve your compensation as effectively and quickly as possible, without burning a hole in your wallet! We work efficiently within tight time constraints, keeping you up-to-date along every step of the way. Working on a “no win, no fee“ basis, choosing LPS means that you literally have nothing to lose!
Please feel free to contact us for your no-obligation advice. Act now Fill in our form now, text 4myclaim to 88802, chat to us online or call one of our solicitors on 08009961807 now.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
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Frequently Asked Questions (FAQs)
What is an industrial disease or injury?
These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.
Examples of industrial diseases and injuries include the following:
- Asbestos-related diseases such as mesothelioma or asbestosis
- Occupational Asthma
- Pneumoconiosis
- Silicosis
- Chronic obstructive pulmonary disease (COPD)
- Dermatitis
- Hand Arm Vibration Syndrome
- Vibration White Finger
- Carpal Tunnel Syndrome
- Dupuytren's Contracture
- Work-related Tendonitis
- Epicondylitis (Golfer's and Tennis Elbow)
- Carpet Fitter's or Housemaid's Knee
Who will pay the compensation?
It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.
Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.
My employer has gone out of business, can I still claim?
Will my case go to court?
How much will it cost to fund my claim?
What are the time limits for industrial disease claims?
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.
Can I still claim state benefits?
If a family member has died as a result of an industrial disease, can we make a claim?
It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.
However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.
What are the time limits for industrial disease claims?
You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.
Get in Touch today and let us know how we can help you 08009961807