If you or your partner are displaying one or more of the following signs, you could be suffering from industrial deafness:

• A significant reduction in your hearing ability.
• An inability to keep up in conversations or hear the television clearly.
• A loss of hearing a few hours after exposure to louder noise.
• A gradual loss in hearing.
• A constant buzzing, ringing or whistling in your ears.

If your hearing loss was caused by somebody else's negligence, you may be eligible to make a claim and should contact a legal adviser as soon as possible.

In order to determine the cause of your hearing problems, you will be required to undergo an examination by an independent medical expert. Noise-induced hearing loss has a distinct pattern on an audiogram, so the results of this test will indicate the true cause of your hearing loss.

To find out more about hearing loss due to old age, visit the Action on Hearing Loss website.

As has been noted above, employers have several key responsibilities when it comes to reducing exposure to excessive noise levels and minimising the risk of noise induced hearing loss. These duties are legal requirements under the Control of Noise at Work Regulations 2005. A failure to fulfil any such responsibilities in the workplace could lead to a hearing loss claim and would be considered negligence on the part of an employer.

• Failure to assess noise risks: Employers must carry out risk assessments to identify potential hazards in the workplace. If an employer does not conduct regular noise assessments or ignores findings that indicate dangerous noise levels, this could be considered negligence.
• Lack of noise control measures: When an employer is aware that background noise levels exceed the values set by the Control of Noise at Work Regulations 2005 but does not implement measures to reduce exposure, they may be held liable for resulting injuries. These measures may include replacing certain machinery or tools with quieter alternatives, implementing noise-reducing barriers or soundproofing, providing PPE, and rotating staff to limit the duration of exposure. Effectively preventing the risk of injury may require a combination of these measures.
• Failure to provide hearing protection: Businesses must provide suitable personal protective equipment, such as earplugs or earmuffs, when noise exposure reaches or exceeds legal limits. If they do not (or if they are not proactive in enforcing the use of PPE) this can be seen as a breach of their duty of care.
• Inadequate training and information: Employees should be informed about the risks of noise exposure and trained on how to use hearing protection effectively. If an employer fails to provide training or does not communicate the risks, they may be considered negligent.
• Failure to conduct regular hearing tests: In some industries, employers are required to offer audiometric testing for workers exposed to high noise levels. This allows early detection of hearing damage. If an employer fails to monitor employees' hearing health, they may be found negligent. Similarly, if employees report hearing problems or discomfort due to noise, but the employer does not take action to investigate or reduce exposure, this could strengthen a negligence claim.

The simplest way to explain employer negligence is that if an employer allows staff to work in hazardous noise conditions without enforcing breaks, reducing their exposure or meeting their legal obligations, this could form the basis of an industrial deafness compensation claim. The employee may need to demonstrate that they have a condition such as hearing loss in one or both ears or tinnitus. Compensation claims rely on proving not only that your employer was responsible, but that you suffered hearing loss or other harm as a result. Your solicitor will help you to build the evidence you need for this purpose.

The industrial deafness claims procedure is conducted in stages, and can be said to begin even before your solicitor gets involved. To improve your chances of securing hearing loss compensation, you should gather as much relevant evidence as you can about your employment, the working environment, and any communications with your employer related to your hearing loss. Contact details for other employees or eyewitnesses can also support your claim, and financial documents can help to ensure you receive the maximum compensation for your injuries.

Once you have gathered the evidence you can, your next step is to speak to a solicitor. At JMW, we provide free legal advice during an initial consultation, where we will discuss the circumstances surrounding your hearing loss and the evidence you have collected. This allows us to evaluate whether you have a viable claim and, if you do, we can get started on building your case straight away.

Our priority will be to gather as much evidence as possible to prove that your employer was negligent, and that this led directly to the partial or complete hearing loss you are experiencing. Most of the time, you will be able to make a no win, no fee industrial deafness claim with JMW, which means that we will get started on building your case without the need to pay any up front legal fees. We will pursue the following types of evidence:

• Medical records and audiology tests: A hearing test (audiogram) can confirm the extent and nature of hearing loss. We may arrange for an independent test to connect your hearing loss to the noisy equipment or environment you worked in.
• Work history and noise exposure details: We will put together a detailed account of noisy workplaces, job roles, and duration of exposure based on conversations with you.
• Witness statements: We will corroborate your version of events by speaking to colleagues who can confirm workplace noise levels and employer negligence.
• Health and safety records: With reports showing whether the employer conducted noise assessments and provided hearing protection, we will seek to demonstrate their negligence. If your hearing loss was caused by a sudden loud noise or acoustic shock, we will also look for any accident reports that were made at the time.

Expert reports - We may consult occupational health specialists to assess the noise exposure risks you faced and connect your circumstances to your injury.

After we have built the strongest possible case, we will notify your employer (or their insurance provider) about your claim. This is done by sending a Letter of Claim that outlines the allegations of negligence and the impact on the claimant’s health. The business will have a few months in which to investigate and determine whether or not to accept liability. Most of the time, the other party will accept liability and we will proceed directly to negotiations about the amount of compensation you are owed.

If they deny liability, we will take the claim to court. JMW will represent you during these proceedings and put forward the evidence we have gathered to prove that your employer was responsible for your hearing loss. Even in these cases, an industrial hearing loss claim will usually reach a settlement before the court process concludes, and we will continue to negotiate to secure the maximum amount of compensation that you are entitled to.

When the claim is successful, compensation is paid either as a lump sum or, in some cases, structured payments. Your solicitor will also take a success fee at this stage to cover the legal costs of the claim.

Industrial deafness compensation is different in each case, as it is based on the specific circumstances under which you sustained damage to your ears and the effects of your hearing loss on your life.

The compensation is broken into two separate awards. General damages are compensation for pain, suffering, and loss of quality of life. If you have suffered permanent hearing loss, this will usually result in more compensation than temporary hearing loss. This payment can also include any psychological harm you have experienced as a result of your hearing loss, such as depression, anxiety or other mental health conditions that can arise.

Special damages cover financial losses, such as hearing aids, medical treatment, or lost earnings. If you need technologies such as flashing doorbells, assistive listening devices, amplified telephones or other home modifications to accommodate your hearing loss, compensation claims can cover the costs to purchase and install them. If you took time off work during your recovery or are no longer able to work, the earnings (or potential future earnings) you lost will be factored into your compensation amount.

Compensation amounts vary based on these circumstances. Experienced industrial deafness solicitors know how to consider all of the relevant possibilities and estimate the effects of your hearing damage on your life, which can help to make sure you receive the maximum amount of compensation to which you are entitled.