Major changes to Health and Safety laws have been implemented over years to protect employees in the workplace. Specifically related to employer responsibility for protecting employee hearing, is the Control of Noise at Work Regulations 2005.
Could you be suffering from work related hearing damage?
Workplace injury can be serious and debilitating, but not all injury is immediately apparent. In cases of hearing damage it can take years for sufferers to become aware of symptoms.
If you are suffering from hearing loss and the damage is due to your job you can claim. Call 0800 633 5730 to discuss compensation.
This was the situation for Mr. H, a road worker from North Yorkshire. His hearing damage occurred slowly after years of exposure to noise whilst operating jack-hammers without ear protection. The damage he sustained was gradual. He began to notice a reduction in his hearing with symptoms such as:
- needing to turn the volume up on the television
- difficult hearing conversation above background noise
After a medical examination it was shown that he was suffering from work related hearing damage.
Had the local authority Mr H worked for provided him with ear defenders whilst performing his job, his hearing would have been protected and he would not have suffered harm.
Due to his employer’s failure to protect him, our team at Imperium made a claim on his behalf. We won a four figure payout to compensate him for his loss and to pay for hearing aids.
Could your employer have prevented your hearing loss?
The answer is yes if you have suffered hearing damage at work that was not your fault. Hearing loss can be prevented by employers correctly following health and safety guidelines.
Under the Control of Noise at Work Regulations 2005 it is your employer’s legal responsibility to:
- assess noise risk for employees
- take action to reduce employee exposure to noise
- provide ear protection to employees if the noise can’t be reduced any other way
- keep noise exposure below legal limits
- provide employees with warnings as to the risks of noise exposure
- provide employees with training on how to protect their hearing
- carry out health checks where there is a risk
Assesing noise risk.
The Control of Noise at Work Regulations 2005 measures noise by “action” levels, which should not be exceeded to prevent employee hearing damage. Action levels are:
- daily / weekly exposure – 80 dB (peak sound pressure – 135 dB)
- daily / weekly exposure – 85 dB (peak sound pressure of 137 dB)
- daily / weekly exposure – 87 dB (peak sound pressure – 140 dB)
A risk assessment to determine noise levels must be carried out by either a person within the company competent to carry out the task or by an external consultant.
How can your hearing be protected?
If noise levels are exceeded and cannot be reduced then employees should be provided with ear defenders.
In the case of Mr H. while the local authority could not have reduced the noise he experienced working out on the roads, they could have:
- warned him of the danger
- given him defenders to protect his hearing
- provided training on how to adequately protect his hearing
Failure to carry out these simple steps meant they were liable for the injury he sustained and owed compensation.
Are you entitled to compensation?
In cases of work related hearing loss where your employer was a fault, you are entitled to make a claim.
Click on ‘make a claim’ to request free initial advice.
Finding a hearing loss claim solicitor.
It’s vital to choose a specialist claims solicitor to increase your chances of a compensation payout.
Choosing Imperium Law.
At Imperium Law we have a specialist team with years of claim payout wins behind us. We are here to get you the compensation you deserve.
Our company director Philip Jackson specialises in hearing loss and is a renowned expert in this area of personal injury law.
As we are ‘No Win-No Fee’ solicitors you do not need to worry about paying our costs.
To speak to a specialist solicitor call 0800 633 5730 or fill in our ‘request a call back’ form.