Establishing fault when making an industrial deafness claim

If you have been diagnosed as suffering from industrial deafness, once the initial shock has passed it is perfectly natural to ask how it happened.

As industrial deafness constitutes a life-changing injury, affecting even the smallest details of day-to-day life, if it has been caused by another person's negligence, making a compensation claim can only be considered as a reasonable step in obtaining financial redress for your injuries.

Although it is possible that you might have developed the condition as a result of exposure to excessive noise throughout your home and leisure life, statistically, it is far more likely that the source of your deafness is the workplace.

If you do decide to make a compensation claim, it becomes the responsibility of your personal injury solicitor to establish then prove any causal link between environmental noise in your workplace and the development of your industrial deafness.

Proving responsibility
For a long time employers had a responsibility to comply with the Noise at Work Regulations 1989. More recently they have also been obliged to respond with the Control of Noise at Work Regulations 2006 the only industries excluded from any of these obligations are the music and entertainment industries, although they too must begin to comply from April 2008.

Your solicitor will seek to establish whether your employer neglected any of the responsibilities outlined in these pieces of legislation. These include establishing whether your employer:

• Carried out suitable risk assessments.
• Established a safe system of work.
• Used the quietest technology reasonably available.
• Provided personal protective equipment
• Implemented a policy of hearing damage prevention.

A policy of hearing damage prevention should contain a number of different provisions. This policy should include stipulations for such things as a programme for fitting silencers to noisy machinery, sound insulation of noisy machinery and separation of noisy machinery from main work areas so as to minimise the risk to other employees in the workplace.

Any effective policy should also provide details on the employer's use of suitable earplugs and ear defenders.

Any evidence indicating that your employer has neglected some or all of these obligations could form the grounds for proving you are entitled to receive industrial deafness compensation.

Industrial deafness solicitors
Employers have responsibilities to the health and safety of their workers. It is one of many principles helping to underpin civilised society.

If your employer has neglected any of these responsibilities, and you have developed industrial deafness as a result, you may be able to claim compensation.

The no win, no fee solicitors on YouClaim's team are committed to securing the best possible outcomes for their clients.

Governed by The Solicitors Regulation Authority, over the years they have helped thousands of people affected by work injuries and illnesses receive the compensation they deserve.

If you wish to make an industrial deafness claim we will connect you with the solicitor who is best suited to your circumstances and protect you from all costs and fees right through the process.

In addition, we guarantee that we will never take a cut of any compensation you receive, meaning that, from start to finish, our service is completely cost-free.

If you would like to investigate your right to claim today, drop us an online claim form, talk to someone using e-chat or request a call back for a convenient time.

Alternatively, if you would like to speak to someone right now, call 0800 10 757 95.