What is industrial deafness?

Industrial deafness is also known as occupational deafness or noise-induced hearing loss (NIHL) and is caused by exposure to excessive or unsafe levels of noise at work. Occupations with high risk of developing the condition include those in the Armed Forces, construction, factories, hospitality such as night clubs and bars, and call centres and telemarketers – although this list is non-exhaustive.

People who are suffering from industrial deafness and hearing loss can experience a drop in self-esteem and confidence because of their impaired ability to communicate in everyday life with their friends, family, and colleagues. It can also cause a significant loss of earnings if they are unable to work due to the symptoms.

If the industrial deafness, or NIHL, was caused by an employer's negligence, there is potential for loss of hearing compensation or an industrial hearing loss claim. Under the Health and Safety at Work Act, your employer has a duty of care to you as an employee and must protect you from any health risks in the workplace.

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What are the types of industrial deafness and hearing loss?

The severity of a person’s hearing loss can vary; in some cases, hearing may start to return (either slightly or entirely), though in the worst cases, hearing loss can be permanent. Regardless of the severity of your hearing loss, if it has been caused by your employer’s negligence, you are entitled to make a claim for industrial deafness or Noise Induced Hearing Loss (NIHL).

Conditions that could lead to a claim include:

• Temporary hearing loss: Temporary hearing loss is a loss of hearing that happens only for a short period of time. Sometimes the full use of the ear can come back, or often it returns but with ongoing difficulties.
• Permanent hearing loss: Permanent hearing loss occurs when the inner ear nerves become damaged and do not properly transmit signals to the brain. Those who suffer from this condition may complain that people seem to mumble when speaking, or they can hear but are not understanding what is being said.
• Tinnitus: Tinnitus is when a person hears noises that don't come from an outside source, and the severity of each case of tinnitus differs. Some people experience symptoms temporarily, while others experience them for the rest of their life. Symptoms can be experienced in one or both ears. It’s often described as a constant ringing in the ears, though some sufferers hear buzzing or white noise.
• Acoustic shock (trauma): Acoustic shock (AS) is a psychological shock response from exposure to a sudden, brief, and unexpected loud sound. Each episode of acoustic trauma results in permanent damage within the inner ear. Even though the majority of people affected by acoustic shock will show normal levels of hearing within a few hours or days, the damage is still severe.

If any of the above are applicable to something that has happened to you or a family member, you may be eligible to claim for loss of hearing.

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What are the symptoms of industrial deafness?

While it's natural for your hearing to get slowly worse as you age, there are distinct signs that can indicate noise induced hearing loss. These include:

• Mishearing words when you're in conversation
• Being unable to hear conversations where there is background noise
• Having to turn the television up more than others find necessary, or needing subtitles
• Missing out on lots of things your partner tells you in passing
• Hearing white noise, a whooshing sound, or ringing in your ears more often

If you recognise any of these signs of hearing loss - and believe that your job, or a previous job, may be to blame - it's worth asking your GP to arrange a proper hearing test. It may just be a little wax in the ears, but if not, it could be worth talking to an industrial deafness solicitor about claiming for compensation on a No Win No Fee basis.

Am I entitled to make a claim for industrial deafness?

There are many ways in which you may be entitled to make claims for industrial deafness. The law says it's an employer's duty of care to employees to ensure that health and safety regulations are being adhered to at all times in the workplace. If your employer has failed to ensure protection against damaging noise levels, it could be seen as neglecting their duty of care.

This means ensuring workers, particularly those that work in the heavy industrial industry and are likely to be exposed to high levels of noise, are provided with adequate personal protective equipment – or PPE. If a hearing loss or deafness condition has been caused while you were at work, you are likely to be able to make a claim. It’s important to recognise that to start the claiming process, a solicitor will need proof that your employer was to blame.

Our firm’s roots are ingrained as industrial disease lawyers. At Slater and Gordon, we have developed our specialist industrial disease expertise over many decades and are proud of our award-winning team, who have experience spanning over 100 years. In one of our many successful cases, Slater and Gordon helped a maintenance operator pursue a claim for occupational deafness and tinnitus against his former employer.

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Why choose Slater and Gordon’s hearing loss compensation solicitors?

Slater and Gordon understand the need to take every industrial deafness claim seriously and get our clients the compensation and medical treatment they deserve. Our experts and their teams have a wealth of knowledge, highly esteemed accreditations, and resources available that other firms may not.

Jordan Bell, Head of Industrial Disease, is accredited by the Association of Personal Injury Lawyers (APIL) as a Senior Litigator and a specialist asbestos and occupational disease lawyer, as well as being ranked in Chambers and Partners as a leading lawyer.

We have supported many clients through their industrial deafness claims, including Martin*, who came to us for help after exposure to excessive noise levels without the proper protection and safety protocols required him to use a hearing aid.

Priyesh Mistry is an Associate at Slater and Gordon who specialises in personal injury and has specific expertise in industrial deafness loss claims and claims for loss of hearing. He says: “As a disease lawyer, delivering the best client experience and outcome is just as fundamental to me as is to my clients.

“My expertise has helped claimants secure substantial compensation payments in some challenging cases. I believe in achieving the right outcome for my clients and delivering the best service.”