There are various work environments that could cause you to develop a condition known as tinnitus. This includes having to work in a work area where noise levels are constantly high. Should you develop tinnitus and you can show that your employer did nothing to reduce the risk of suffering from this condition that negatively impacts your hearing, you may be able to file for compensation.
To find out how to claim compensation for tinnitus from an employer, the sort of evidence you would need to provide and whether your claim would be valid, please read on.
- The Symptoms Associated with Tinnitus
- What are the Consequences of Developing Tinnitus at Work?
- What Causes Tinnitus at Work?
- What Responsibility Does My Employer Have Towards Me in the Workplace?
- What Level of Tinnitus at Work Compensation Could I Be Awarded?
- How Do I Begin My Tinnitus at Work Claim Against an Employer?
- What Can I Include in My Tinnitus at Work Claim Against My Employer?
- Could My Employer Fire Me If I Make a Tinnitus at Work Claim Against Them?
- Is there a Time Limit Associated with Tinnitus at Work Claims?
- What Benefits Would There Be in Working with a Solicitor on a Tinnitus at Work Claim?
- Can I Work With a Solicitor on a No Win No Fee Basis?
- Informative Links
If you develop tinnitus, you could experience the following symptoms whether minor or a lot more severe:
- Constant ringing in your ears
- Persistent, mild buzzing in ears
- Complete hearing loss
If you work in a noisy environment the chances are that you often have a mild buzzing or humming in your ears which subsequently disappears over a short period of time. However, if during the course of a working day, you are exposed very loud noises all of the time, it could result in you losing your hearing altogether. Should an employer not set in place measures to protect you from loud noises in the workplace, and as a consequence you develop tinnitus, you should contact a legal expert who would offer essential advice on whether you have a valid claim against your employer.
If you develop tinnitus because of the work you do, the result can be devastating and could even negatively impact the quality of your life both at home and in the workplace. The reasons being that it could lead you to suffering the following:
- Unable to get enough rest and a good night’s sleep
- Your overall health and well-being are affected in a negative way
- The relationships you have with family and friends can be negatively impacted
Not being able to sleep when you need to rest can affect your work performance and could lead to other conditions like depression, stress and anxiety. If you have developed tinnitus at work and think your employer failed in their duty to keep you safe from harm, you should contact a legal expert who would tell you whether you have a strong case and how best to proceed when filing a claim for compensation against your employer.
It is also worth noting that you may not be able to work again due to the severity of the symptoms you experience. This could put you under tremendous financial pressure adding to the negative impact of having developed work-related tinnitus. For help and advice on what you can do, you should discuss your case with a solicitor who specialises in this type of claim. The solicitor you contact would offer valuable advice on the sort of medical evidence you would need to provide as well as any other proof that an employer could be held responsible.
One of the common causes for employees developing tinnitus at work is because they are frequently and/or constantly exposed to very loud noises which are especially the case in the work environments lime the following:
- Road maintenance
- Entertainment industry
- Armed forces
The problem is that initially you may not realise that your hearing has been affected although you may occasionally have a humming, buzzing or ringing in your ears when you are exposed to a loud noise at work. These symptoms, however, disappear relatively quickly. It is worth noting that even if you are constantly exposed to loud noises, you may not realise just how badly your hearing is being affected by the environment you work in.
Another reason why you may not pay enough attention to the humming, ringing or buzzing in your ears is because all too often these symptoms come and go. With time, however, the symptoms associated with tinnitus get worse and become more intense and debilitating.
Under UK law, your employer has a duty to keep you safe from harm and injury when you are working. Should your employer not set in place sufficient safety measures to reduce the risk of you developing tinnitus at work, they could be deemed negligent and as such, this could entitle you to seek compensation by filing an accident at work claim against them.
Your employer’s responsibility towards you if you work in a “high” noise work environment must include the following:
- That you were provided with adequate industry standard personal protective equipment (PPE) to carry out your work safely
- That you were adequately trained to carry out the work an employer asks you to do and to know what type of PPE you must wear or use
- That you were correctly trained to use specific tools, equipment and machinery
As previously mentioned, if your employer fails in their duty to reduce the risk of you suffering from tinnitus at work because they ignored health and safety regulations or they chose not to provide adequate PPE for you to carry out your work safely, you should discuss your case with a legal expert. The reason being that you could claim tinnitus at work compensation which could include all the out of pocket expenses, pain and suffering you endured because of employer negligence.
You would be compensated for the distress, pain and suffering as well as the losses you incurred as a direct result of having developed tinnitus at work. However, the level of compensation you may be awarded would depend on many things which would include the following:
- The severity of your condition and whether you have as a consequence of developing from tinnitus suffered total hearing loss
- How your life and ability to work has been negatively impacted
- How much your quality of life has been negatively impacted by your condition
With this said, the amount you would be awarded in a successful tinnitus at work claim against an employer could be as follows:
- If you suffer milder symptoms associated with tinnitus, you may receive in the region of £5,590
- If you suffer slight hearing loss as a consequence of having developed tinnitus at work, you may be awarded between £5,870 and £10,040
- If you suffer noise induced hearing loss and develop moderate to severe symptoms associated with tinnitus, you could receive between £11,890 and £23,670
- If you suffer noise induced hearing loss and the symptoms of tinnitus are severe, you could be awarded between £23,670 and £36,310
If you are unsure whether your employer could be held responsible for you having developed tinnitus, you should contact a legal expert who would assess your claim by offering you a no obligation, free consultation. Once satisfied that you have a strong case against an employer who could be deemed negligent in their duty to keep you safe in the workplace, the solicitor you contact would typically offer you No Win No Fee terms when representing you in a tinnitus at work claim. As such, you would not have to pay an upfront fee for them to begin investigating your case against an employer.
Because this type of workplace claim can be challenging, you should contact a solicitor as soon as you can. The reason being that you would need to gather as much evidence as possible to prove that your employer did not keep you safe whilst in the workplace. This would involve being examined by a specialist who would produce a medical report detailing how your work has affected your hearing, bearing in mind that it can take several years for any tinnitus symptoms to manifest themselves.
The sort of evidence you would need to provide when making a tinnitus claim against an employer would include the following:
- That an employer failed to provide you with adequate industry standard personal protective equipment so that you could carry out your work safely
- That an employer failed to ensure that sufficient measures were not set in place to reduce noise levels in a work environment
- A medical report produced by a hearing specialist
If you need help on what to do and what evidence is required, you should contact a solicitor who specialises in tinnitus at work claims sooner rather than later so that you do not run out of time to file for compensation against your employer.
There are a number of things that can be included in your tinnitus at work claim for compensation against an employer who can be deemed negligent in their duty to keep you safe. Compensation is awarded in two parts which are general damages and special damages.
When it comes to general damages, these are awarded to compensation you for the following:
- The injury, pain, suffering, distress and loss of amenity you suffer
- The physical impairment having sustained hearing loss
- The mental anguish of having developed tinnitus
- How your condition impacts your quality of life and whether you have to depend on others due to hearing loss
- Loss of your career should your condition prevent you from doing your “normal” job
- For problems you have finding other work
You would be awarded “special damages” in a successful tinnitus at work claim which would compensate you for the following:
- The medical expenses you incur which includes all ongoing, long-term treatment you may require as well as the cost of prescriptions
- Your travel costs to and from the places you are treated whether at a hospital or other medical facility whether you get there by car, taxi, bus train or by any other means
- Consultation costs
- The cost of diagnostic tests
- The loss of earnings you may incur which should include perks and bonuses you could have missed due to being off work
- The loss of future earnings should your condition prevent you from being able to work again
When it comes to loss of future earnings and your case is thought to be “high value”, the level of compensation you could be awarded may run into thousands of pounds. To find out more about the level of compensation you could receive, you should contact a lawyer who would investigate other cases of noise induced hearing loss to determine just how much you could be entitled to receive in a successful tinnitus claim.
Your job is safe because an employer cannot fire you because you choose to make a tinnitus at work claim against them so you can be compensated for the pain and suffering you had to endure. Should your employer fire you because you seek compensation, they would be acting unlawfully and as such, you may be entitled to seek further compensation from them by filing an “unfair dismissal” claim.
Worker’s rights are protected in the UK and this includes if you are injured or develop a work-related health issue such as tinnitus. Your rights in the workplace include the following:
- The right to seek medical treatment
- The right to file a personal injury claim against an employer
- The right to be compensated if you develop tinnitus at work
- The right to know that your job is safe if you seek compensation for injuries or work-related health issues in the workplace
If you think you are being treated unfairly or detrimentally because you have filed a tinnitus claim against your employer, you should seek advice from a legal expert because you could be entitled to take further legal action out against your employer. However, unless your boss makes your working life impossible for you to continue working for them, you should not resign until you have spoken to a solicitor.
Because you may not realise that you have developed tinnitus until years later, the time limit to filing a claim against an employer is as follows:
- You would have 3 years from the date you became aware that you suffer from work-related tinnitus. This would be when a specialist diagnoses you as suffering from the condition and they can directly associate it with the job you do or used to do
As soon as you realise that you may be suffering from work-related tinnitus, you should contact a personal injury lawyer who would assess your case and assist you in gathering all the required medical evidence and other proof to support a tinnitus claim against an employer.
If you believe that you now suffer from tinnitus because your employer failed in their duty to keep you safe at work by not setting place the necessary measures or they failed to provide adequate training or personal protective equipment, you have the right to seek compensation from them. However, these cases can be challenging because you would need to prove that your employer was indeed negligent and as a consequence you now suffer from tinnitus.
As such, it is far better to seek legal advice from a lawyer who specialises in this type of case. They have the legal expertise required to prove a claim and understand the challenges that tinnitus claims present. The benefits and advantages of having legal representation would include but is not limited to the following:
- You would be offered a free, initial consultation and if you choose not to proceed, you would be under no obligation to do so
- Once a solicitor is satisfied that you have a strong claim against a negligent employer, they would offer you No Win No Fee terms which means you would not have to pay the solicitor an upfront fee or ongoing fees as your case progresses
- Solicitors are able to access legal libraries which they can refer to when required and would be able to base the level of compensation you may be awarded
- The solicitor would let you know at the earliest opportunity of how much tinnitus compensation you may be awarded
- They would arrange for you to be examined by an independent hearing specialist who would assess your condition before providing an essential medical report that would be used to base the level of tinnitus compensation you receive
These are just some of the many advantages of having the legal expertise of an accident at work lawyer represent you when making a tinnitus claim against an employer with one of the main benefits being that you would receive essential advice throughout.
As previously mentioned, a solicitor would offer an initial, no obligation consultation to assess whether you have a strong case against a negligent employer. This first consultation is free of charge and once satisfied that you have a valid tinnitus claim, the lawyer would typically offer you No Win No Fee terms. This takes the worry of finding the funds to pay for legal representation off the table bearing in mind there would be no ongoing fees to find either.
No Win No Fee agreements permit a solicitor to begin working on your tinnitus claim straight away and the only time payment becomes due for the legal representation they provide, is when you receive the tinnitus compensation you seek. The amount which is known as a “success fee” is deducted from the amount you are awarded. Should for any reason you lose your claim against an employer, you would not have to pay for the services that a solicitor provided when representing you on a tinnitus at work claim against an employer.
If you would like information on tinnitus, please follow the link that is provided below which takes you to the NHS website:
If the environment you work in is deemed “high” noise, and you would like more information on the Health and Safety Executive regulations relating to noise levels, please follow the link provided below:
To find out more information regarding personal protective equipment that must be provided in the workplace, please follow the link provided below: