The Control of Noise at Work Regulations 2005 (the Noise Regulations) make it very clear that employers have a duty of care to protect their employees from loud noises. The Regulations stipulate that all employees should be provided with hearing protection and have access to hearing protection zones, if their working environment is above 85 decibels.
Machinery quite often eclipses 85 decibels in operation and it is not uncommon for workers in manufacturing plants to experience an average 100 decibels in a working week.
If you have suffered deafness or hearing loss caused by machinery, then you may have deafness caused by machinery compensation claims, whether you have suffered deafness through prolonged exposure to loud noises or because of a single incident.
Your eligibility for compensation under the circumstances depends on whether or not your deafness can be linked with your current or past employment. It will have to be proven that your industrial deafness was the result of somebody else’s actions or inaction’s.
As a result, deafness caused by machinery compensation claims require substantial proof and evidence to be processed successfully.
Proving your employer is liable for your deafness
How will a deafness caused by machinery compensation claims lawyer prove that your current or past employer is at fault? They will look into your current or past employer’s health and safety record and practices and look for any lapses in your employer’s legal duty of care for you. If none are found, your employer’s compliance with the Noise Regulations will be looked at; for example, it has been the case in the past that employers have failed to provide high enough quality ear protection to employees.
If your deafness or hearing loss can be linked to your employment, then you will have a strong claim for compensation. Your accident lawyer will collect all relevant evidence to your case and present this to the other side, along with a settlement demand that is fair and proportionate to the extent of your deafness or hearing loss.
How is compensation calculated?
Compensation is awarded based on the extent of your injuries and how your injuries have and will affect your life. The more severe your deafness is and the bigger the impact it will have on you in the long-term, the more compensation you can expect.
You can also claim back any out of pocket expenses related to your illness, as well as lost earnings and overtime or benefits if you are in receipt of them.
Find out more about deafness caused by machinery compensation claims today
To talk to an experienced claims advisor about your industrial deafness, call our free and no obligation helpline today on 0800 157 1437.