Hearing Loss Claim Time Limits – How Long Do I Have To Claim For hearing loss / Industrial Deafness
By Cat Soong. Last Updated 9th June 2022. Welcome to our hearing loss claim time limit guide. There are three types of noise-induced hearing loss: acoustic shock syndrome, industrial deafness and tinnitus. If you work in an environment such as construction or engineering with excessive noise, your employer is legally obliged to protect you from noise-induced hearing loss. If you have noise-induced hearing loss because of negligence on the part of your employer, you could claim compensation for your injuries.
Our clients often ask us, “Is there a time limit for making a hearing loss claim?” The answer is yes. There is a personal injury claims time limit in the UK. In this guide, we provide legal advice on a hearing loss claim time limit and how it works.
If you have lost your hearing or are suffering from tinnitus because of negligence on the part of your current or former employer, you could be entitled to claim workplace hearing loss compensation. Contact Legal Expert today for your free personal injury claims consultation.
So, if you have the right to claim, we will accurately estimate how much compensation your claim for hearing loss could be worth and will assign an excellent personal injury solicitor to your case to help you claim. Call us today on 0800 073 8804 to begin your claim for hearing damage. Alternatively, you can use our claim online form to arrange an alternative consultation to begin the claiming process.
Select A Section
- A Guide To Hearing Loss Claim Time Limits
- What Is A Hearing Loss Or Industrial Deafness Claim?
- Is There A Time Limit For Making A Hearing Loss Claim?
- When Could You Have Grounds To Make A Hearing Loss Claim?
- Top Tips For Proving A Hearing Loss Claim
- What Is The Date Of Knowledge For A Hearing Loss
- My Hearing Loss Was Diagnosed Almost Three Years Ago, Could I Still Claim?
- What Is The Time Limit For Accident Claims For Children?
- When Can I Claim For An Accident After 3 Years?
- How Long After Losing My Hearing Can I Sue? – Hearing Loss Claim Time Limits
- What Could I Claim If I Have Lost My Hearing?
- Hearing Loss Compensation Tables For 2022
- No Win No Fee Hearing Loss And Work Related Hearing Loss Claims
- How To Contact Legal Expert
- Useful Resources
In the United Kingdom, employers have a legal duty of care towards their employees. This means that they are legally responsible for providing their employees with a safe and hygienic work environment. To uphold their duty of care, employers must conduct regular risk assessments of the working environment to identify hazards (things that put their employees at risk). Then they must apply control measures to mitigate this risk.
This could be as simple as fixing a broken handrail on a staircase to avoid falling accidents or providing employees with personal protective equipment (PPE) if they are working with hazardous substances. If an employee is injured or made ill because of a hazard in the workplace, they have the right to make a personal injury claim against their employer for compensation. This includes claims for hearing loss and government payment for hearing loss.
In this guide to making a compensation claim for noise-induced hearing loss (NHIL), we will focus on explaining how the hearing loss claim time limit works. We will look at some frequently asked questions about hearing loss time limits, including: “How long do you have to file a hearing loss claim?”, “Can I claim for an accident after 3 years?” and “how long after losing my hearing can I sue?” We will advise you on how the industrial deafness claims procedure works and how to find the right solicitor to handle your claim for industrial hearing loss government compensation in the UK. And we will explain the benefits of making a No Win No Fee compensation claim. We will have provided a hearing loss compensation calculator to help you estimate how much your hearing loss claim could be worth.
Noise-induced hearing loss is a condition that is brought about by exposure to an excessive amount of noise. Most cases of noise-induced hearing loss are brought about because of routine exposure to excessive noise at work. According to statistics from the Health And Safety Executive (HSE), there were an estimated 23,000 people in the UK with hearing loss caused by excessive noise at work from 2015/6 to 2017/8. There had also been 70 claims for hearing loss in the year 2017.
These high numbers are worrying, but fortunately, there has been a steady decline in the number of industrial deafness related cases over the last ten years (from 2008 to 2018). Despite this, one case is one too many, and anyone who has suffered deafness or tinnitus because of irresponsible behaviour on the part of their employer deserves to receive compensation for their ordeal.
What is the time limit for accident claims? In the United Kingdom, there is a personal injury claims time limit of three years. This begins when the accident that injured the person took place or the time that the person became aware of their illness or injury. This is called the date of knowledge. The date of knowledge could be when the person first started experiencing symptoms or the date that the person was diagnosed with their injury or illness. Because hearing loss occurs over time, the date of knowledge is usually the date diagnosed with noise-induced hearing loss. Therefore the hearing loss claim time limit for most cases is three years from the date of diagnosis.
In some cases, the person’s occupational hearing loss or related condition is not diagnosed until later in life. They start to experience natural hearing loss brought about by ageing, and an audiologist properly assesses their deafness. The sufferer can still claim compensation for hearing loss induced years beforehand if diagnosed in the last three years. However, there is an exception to this rule. It is generally acknowledged that before 1963, it was not known that excessive noise in the workplace could damage a person’s hearing. Therefore, if an individual was recently diagnosed with noise-induced hearing loss but worked in an environment with excessive noise before 1963, they would sadly not be eligible to claim.
There are three types of noise-induced hearing loss. They include acoustic shock syndrome, industrial deafness, also known as industrial hearing loss, and tinnitus. When making claims for deafness, noise-induced hearing loss suffered by military personnel is sometimes categorised separately because the person would claim a government payment for hearing loss.
We will now look at types of noise-induced hearing loss due to negligence in the workplace in more detail. But note that a case involving any of these must still adhere to the hearing loss claim time limit.
- Industrial Deafness: Industrial deafness, also called occupational deafness, is hearing loss caused when a noise above 80 to 85 decibels passes through the outer ear, ear canal and eardrum. As the noise enters the middle and inner ears, it damages the auditory cells of the inner ear, which causes a loss of hearing. This process happens over time. Unfortunately, it is not reversible.
- Acoustic Shock Syndrome: Acoustic shock syndrome is caused by exposure to a single excessively loud soundwave, such as an explosion. The condition can also be caused by listening to loud sounds through headphones.
- Tinnitus: Tinnitus happens when someone is exposed to excessively loud noise over time, damaging the tiny sensory hairs in the cochlea and inner ear. Symptoms of tinnitus include a constant ringing, hissing or clicking noise in the sufferer’s ear.
Learn More About Hearing Loss Claims
Are you wondering if you could be eligible to make a claim against the military for hearing loss? Have you suffered noise-induced hearing loss as a result of industrial negligence? Contact our team of expert advisors today to find out if you could be eligible to claim.
Claiming for hearing loss can be slightly different when compared to some other personal injury claims. This is because hearing loss can be due to cumulative damage. This means that the injury may not have occurred due to a single incident but due to prolonged exposure to excessive noise.
If you work for long periods of time in an environment where, for example, loud machinery is often in operation, then there may be a risk of you developing hearing loss or tinnitus. If your employer has taken all reasonable steps to remove the risk but it still remains, they must provide you with protective ear equipment to reduce the risk of hearing loss or tinnitus. However, a failure to do so could be negligence.
You need to be able to establish negligence by presenting evidence during your claim. We’ve included some examples of evidence below:
- Medical evidence – If you experience hearing loss, it’s important to be seen by a medical professional. The reports that are generated will contain official information regarding your diagnosis.
- Witness contact details – There may have been others whose hearing has been affected due to negligence, or others who witnessed incidents where your hearing was damaged. If so, you may be able to acquire their contact details so a solicitor can take a statement from them at a later date.
- Inadequate ear protection – The equipment you were provided with to protect your hearing may not have been suitable for the task or may have been defective. You can present it during your claim as evidence.
Get in touch if you have any questions about evidence or even about the hearing loss claim time limit. We also have information on military hearing loss claims.
Most noise-induced hearing loss occurs over time because of routine exposure to excessive noise in the workplace. Exceptions to this include incredibly loud sounds such as a bomb explosion (for acoustic shock syndrome). This means that the hearing loss claim time limit usually begins at the date of knowledge. And this is normally the date when the claimant’s noise-induced deafness receives a diagnosis.
The date of knowledge can be many years after the hearing loss took place. This is because an individual may not immediately realise that they suffer hearing loss. In some cases, it may not be until the person ages and experiences a natural decline in their hearing. Therefore, a person may receive their diagnosis several years after the excessive noise in the workplace. This means that it’s within three years for when a client asks us, “How long after losing my hearing can I sue?”
If your date of knowledge is nearly three years ago, then there is no time to lose. Contact Legal Expert immediately to begin your hearing loss compensation claim. Failing to do so means you may lose the right to claim compensation.
What is the time limit for accident claims for children? In personal injury law, a child may claim compensation for themselves once they reach 18. The medical negligence claim time limit begins on their 18th birthday and ends three years later on their 21st birthday. Alternatively, a parent or guardian may claim on behalf of the child before they reach 18. However, sound-induced hearing loss is likely to affect children than working-age adults.
Clients sometimes ask us, “When can I claim for an accident after three years?” There are sometimes exceptions to the personal injury claims time limits rules. As we have stated, children have three years after their 18th birthday to begin their claim. If you suffer an injury abroad, even if their personal injury time limits exceed three years, these rules will still apply. Other people ask, “How long after losing my hearing can I sue?” If they were detained under the Mental Health Act of 1983 at the time. In this case, the hearing loss claim time limit will begin the day they were discharged.
If you wish to claim compensation for deafness, you may wonder how long you have. The table below has information about hearing loss claim time limits.
|Claimant / type of claim||Time limit|
|General NIHL claim time limit||3 years|
|NHIL affecting a child||Up to the age of 18 or 3 years after this.|
If you make a successful industrial hearing loss government compensation UK claim, you receive two parts. The first part will be general damages. These compensate the victim for the pain, suffering and loss of amenity. They will also receive special damages to cover past or future expenses they may have relating to their hearing loss. We have some examples of what special damages for hearing loss may cover below:
- Medical expenses: This can cover the cost of audiologist appointments and any other type of therapy you may need.
- Home adaptation expenses: If you needed to adapt your home due to your hearing loss, for example, get a speciality telephone or doorbell, these would cover your expenses.
- Mobility equipment expenses: If you now require a hearing aid, implants, or need a hearing dog to assist you, you can claim expenses to pay for these.
- Loss of income: If you take time off work, you can claim back the cost of any salary or in-work benefit payments.
- Travel costs: You can claim for the cost of travelling to and from audiologist’s appointments or any other related travel and parking expenses.
- Care costs: You can claim compensation for a friend or family member who has provided you with care due to your hearing loss injuries.
If you have been affected by hearing loss as a result of third-party negligence, you may be able to make a hearing loss claim. There are two potential heads you could claim under: general damages, and special damages. Special damages is covered in the previous section.
General damages aims to help compensate you for your injuries, including the effect they might have on your mental wellbeing, employability, and day to day life. When you claim for hearing loss, compensation is calculated on a case-by-case basis, meaning there is no average payout.
However, we have compiled a hearing loss compensation table with figures from the 2022 edition of the Judicial College Guidelines (JCG) to help you get a view of what you could potentially receive. The JCG helps legal professionals assign a value to claims, as it contains guideline compensation brackets for various injuries.
|Injury Type||Compensation Bracket||Notes|
|Total Deafness & Speech Loss (a)||£109,650 to £140,660||When deafness arises at a time that blocks the development of speech.|
|Total Deafness (b)||£90,750 to £109,650||Total loss of hearing.|
|Total Loss Of Hearing In One Ear (c)||£31,310 to £45,540||Consideration given to presence of side effects such as dizziness or tinnitus.|
|NIHL & Tinnitus (i)||£29,710 to £45,540||Severe NIHL and tinnitus.|
|NIHL & Tinnitus (ii)||£14,900 to £29,710||Moderate NIHL and tinnitus.|
|NIHL & Tinnitus (iii)||£12,590 to £14,900||Mild NIHL and some tinnitus.|
|NIHL & Tinnitus (iv)||Around £11,720||Mild NIHL or mild tinnitus alone.|
|NIHL & Tinnitus (v)||£7,360 to £12,590||Slight/occasional tinnitus with slight NIHL.|
|NIHL & Tinnitus (vi)||Up to £7,010||Slight NIHL without tinnitus or vice versa.|
Before you begin your industrial deafness claims procedure, you may wish to consider making a No Win No Fee claim. This means that there is nothing to pay unless your personal injury solicitor wins your claim. Contact us today, and we can advise you about the benefits of a No Win No Fee claim.
If you believe that you have legitimate grounds to make a deafness compensation claim, contact us today. Call us, or if you prefer not to speak over the phone, use our online claims contact form. Remember, you could receive a large sum of money in compensation. So, contact us today to begin your industrial deafness claims procedure.
In addition, we have other guides on our site which may be relevant to you. You can also find information on other services where you could get help. And remember that you can contact us at any time to learn more about how to claim.
Industrial Deafness Claims – How Much Compensation Can I Claim?
A Guide To Tinnitus Accident Claims – How Much Compensation Can I Claim?
Personal Injury Compensation Time Limit – General time limits explained.
Hearing Loss Claim Time Limit FAQs
What is the normal time period for a claim?
This would be up to 3 years after an accident causing the hearing loss or learning about hearing loss.
How long does a hearing loss claim take?
Claims like these tend to last somewhere between 12 and 18 months before there is an agreeable settlement.
Is hearing loss a disability?
To the victim, perhaps not, but it could allow the sufferer to claim disability benefits.
What percentage of hearing loss qualifies for disability?
This would be hearing loss of 60% or less than 60%.
What are the three types of hearing loss?
These are conductive, sensorineural and mixed hearing loss.
What percentage of hearing loss becomes severe?
This is where you have an audiometric threshold between 80-90 dB HL.
What are the four levels of deafness?
These are mild, moderate, severe and profound deafness.
How do I make a claim for hearing loss?
You can do so by having a word with one of our personal injury lawyers today.
Thank you for reading our hearing loss claim time limit guide.