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Tinnitus Compensation Claims

Can tinnitus compensation claims be made when an employer has provided ear defenders which were faulty? I complained to my employer on numerous occasions about it, and he just told me to get on with my job and stop complaining.

Question:

Can tinnitus compensation claims be made when an employer has provided ear defenders which were faulty? I complained to my employer on numerous occasions about it, and he just told me to get on with my job and stop complaining.

Answer:

Tinnitus is a very common health problem in the UK with over 4.7 million people estimated to suffer from tinnitus each year; many of which are eligible to make tinnitus compensation claims for damages. Tinnitus develops after exposure to high noise levels, with the symptoms ranging from mild to severe, which can make work impossible and can seriously affect the quality of life.

Tinnitus is a medically recognised condition, and in order to make tinnitus compensation claims the condition must be diagnosed by a doctor and recorded in your medical records. An occupational injury compensation solicitor will use your medical records to substantiate your claim. However, the condition must have been caused by third party negligence in order for a claim for tinnitus compensation to be made.

If employees are exposed to high noise levels in the workplace, they must be provided with ear protection equipment to limit the risk of developing hearing problems. An employer is bound by UK law to make ear protection devices available if noise levels in the workplace are in excess of 80 decibels – either constantly or intermittently. However the provision of ear defenders by itself is not sufficient, and an employer must make sure that they are functional and that they are replaced promptly if they are faulty.

An employer is responsible for checking health and safety equipment, but employees also have a responsibility to alert employers when they feel that safety equipment is not up to standard. If you have alerted your employer about the faulty equipment and your employer has been given a reasonable time to respond and repair or replace faulty ear defenders and has failed to do so, he is in breach of the Control of Noise at Work Regulations 2005 (Noise Regulations 2005), and he will be liable for any tinnitus compensation claims.

A claim for tinnitus compensation will only be successful if the level of noise you were exposed to was excessive, and if it can be proven that your tinnitus was developed due to noise levels in the workplace. For legal advice on making work-related tinnitus compensation claims you should speak with an occupational injury compensation solicitor for advice. You will be advised on your eligibility to claim compensation for tinnitus injuries, and the steps you must take to preserve your right to make any tinnitus compensation claims for damages.