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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees with you before starting your case.
If you have been affected by industry noise hearing loss leading to deafness, you can file for industrial deafness compensation claims. Industrial deafness is caused by a noisy environment in various industries. The deafness typically starts appearing gradually. With time, the deafness increases making it difficult to hear others clearly. Industrial deafness tends to go worse with age and an external hearing device is required in daily life. According to a survey, the extraction, mining, construction, metal, manufacturing, and energy industries have the highest rates of industrial deafness.
The industrial deafness claim should be filed within three years of the first diagnosis. For your industrial deafness claim, you have to also make sure that someone else is responsible. Consulting an expert personal injury lawyer can be very helpful in deciding your industrial deafness claims.
Noise-induced hearing loss occurs most commonly in people working in environments where the noise levels are over 81dBA. Exposure to this much high-level noise over time can lead to permanent hearing loss or reduced hearing capability. The effects are usually irreversible.
Workers working in Mining, Engineering, Construction, Car manufacturing, Shipyards, Road drilling, etc are higher of having hearing loss impairments.
Using insufficient or inadequate equipment is a common cause of industrial deafness among most industry workers. A report by a medical expert can help your personal determine whether that particular industrial environment or the specific job role was the cause. For example, a highway engineer working on a mountain tunnel project may be subjected to repeated blasts in the mountain or underground. As per the Health and Safety at Work Act 1974, all employers have a duty of care to protect staff from industrial deafness at the workplace. The employer has to ensure preventive measures to avoid industrial deafness as per the Control of Noise at Work Regulations 2005. These regulations are made so as to protect employees from industrial deafness by avoiding high and continuous noise at work. The employers need to carry out an extensive risk assessment of the noise levels in the industry and comply with the regulations. The industry units may have to opt for quieter machinery, installation of sound barriers, and sound absorbent materials. In case the noise can’t be avoided in particular job roles, then the employer must make sure that the exposure time is reduced significantly. Preventive measures like earplugs must be used to protect workers from industrial deafness.
If an employer ignores the risks or implements inappropriate safety measures can be deemed negligent and therefore liable for industrial deafness compensation claims.
The compensation amount will depend on the extent of your injury, and any financial losses or costs you have incurred. While filing the claim, your personal injury lawyer will consider how the deafness has impacted your life. Your solicitor will take into account all the factors and help calculate the correct compensation claim to make for you.
The damages can be defined in two categories: - 'general damages' and 'special damages'.
General damages are awarded for pain, suffering, and loss of amenity. Judicial College has published guidelines for the compensation for the general damages in the personal injury claims.
Special damages are for the loss of earnings, future medical expenses, financial losses, and expenses you have incurred as a result of the loss of hearing.
We offer no win, no fee agreement to our clients. This means you need to pay our fee only after you win your compensation. We charge from the compensation amount you receive. Hence, there is absolutely no financial risk in filing industrial deafness claim
Our personal injury solicitor will handle your industrial deafness claim right from the beginning until the financial settlement. The Personal injury lawyer will also help you with getting interim payments before the actual settlement happens while you are unable to work. He will also help you get advice on personal injury trusts, tax, and welfare benefits. He will also help in Coordinating with rehabilitation providers and therapists. Our industrial deafness claim experts know how to negotiate and get you the maximum possible compensation for your claims.