Industrial deafness, otherwise known as occupational hearing loss, usually arises in a noisy industrial manufacturing environment (although it can have a military history). The victim may well not have been provided with ear protection or may have chosen not to wear ear protection even though it was provided by the employer. Industrial deafness may occur as a result of a single incident of very loud noise but is much more likely to have arisen as a result of prolonged exposure to loud noise over a long period of time. Industrial deafness caused as a result of an occupational environment is usually partial with losses of response at certain frequencies. Occupational hearing loss can be accurately tested and can be easily distinguished from natural hearing loss. Occupational hearing loss mainly affects the upper frequency range with the lower range being relatively unaffected unlike natural hearing loss which affects the whole range to some degree. It is almost impossible for a potential claimant to falsely claim occupational hearing loss as the testing procedure identifies those who try to fake the condition. If you think that you may be suffering from this condition you should contact a firm of occupational deafness solicitors without delay.
Clear Signage
There is now copious domestic and EU legislation that covers the safety aspects associated with industrial deafness and occupational hearing loss. Areas in factories and other industrial areas are required to have clear signage outlining the risk and the requirement for ear protection. An employee who flouts the safety rules can still claim against the employer as there is a positive burden placed on employers to force the use of ear protection in specified work areas failing which the employee should be dismissed instantly. If an employee suffers occupational hearing loss in such circumstances a court may consider there to have been a contributory element of negligence and may reduce damages by an appropriate percentage dependent on managements previous attitude to employees flouting the rules and taking risks with their own well-being. Failure to abide with the regulations may give an occupational deafness solicitor the opportunity to claim compensation for hearing loss on your behalf.
Time Limits
If you have been positively diagnosed as suffering from occupational hearing loss you must consider the time limits. All personal injury compensation claims are subject to time limits and for most people this means that a claim must be settled or legal proceeding must have been issued in a court of law within two yeasts of the diagnosis which can be many years, often decades, after exposure to unlawful noise levels. Industrial deafness cases may take some time to prepare and you should contact a solicitor as soon as possible after diagnosis. If you have not been diagnosed and you suspect that you may be suffering occupational hearing loss you can contact occupational deafness solicitors or your doctor to arrange for testing either privately or at the local hospital.
Occupational Deafness Solicitors
If you have concerns that your hearing loss may be related to your occupation you should seek advice from occupational deafness solicitors as soon as possible – there are time limits. A no win no fee occupational deafness solicitor will arrange for you to be examined by a specialist doctor. No legal fees are payable unless you obtain compensation. If the case is lost, you pay nothing.
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