What is Military Deafness and how much can I claim?

Military deafness claims are usually made by armed forces personnel against The Ministry of Defence if they believe they have lost their hearing due to being exposed to high levels of noise in service.

The MOD employs more than 150,000 personnel in the Army, Air Force, Navy and civilian roles – making it one of the largest employers in the UK.

But due to the nature of the roles, MOD members are often exposed to high levels of noise in firing exercises and drills which have the potential to damage their hearing. MOD members who have suffered from hearing/and or have tinnitus as a result of their time in service may be able to claim compensation for their loss.

According to The Royal British Legion, around 300,000 ex-armed forced personnel suffer from noise-induced hearing loss (NIHL) and tinnitus.

To make a claim, you will need to meet certain criteria, provide a detailed account of your time in service as well and provide appropriate medical evidence to prove your losses. Military deafness is usually be classed under industrial disease as a result of a noisy workplace.

Military deafness – can I make a claim?

If you have been employed by the MOD at any time after May of 1987 and believe your hearing has been affected as a result of your role, then you may be able to claim.

If you would like to make a claim, an expert at Oakwood Solicitors will need to determine the circumstances of your employment and whether you will have had sufficient noise exposure to review your claim.

You will also need to undergo a quick and simple hearing test to determine to what extent your hearing has been affected.

What are the signs of Noise Induced Hearing Loss (NIHL)?

The most common signs of hearing loss is that you are struggling with one of the following:

• Difficulty hearing with background noise.
• Struggling to follow conversations.
• Asking people to repeat themselves.
• Missing sounds, such as birdsong.
• Turning up the TV volume.
• Family making comments about your ability to hear.

You may also be suffering from tinnitus – otherwise described as a ringing or buzzing in your ears – this can be continuous or intermittent but can be a sign that hearing has been damaged by noise.

What could my claim be worth?

It is difficult to establish how much compensation you could be entitled to without knowledge of your specific injury. However, the Judicial College Guidance states the following:

• Severe tinnitus and NIHL – £29,710 to £45,540
• Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL alone – £14,900 to £29,710
• Mild tinnitus with some NIHL – £12,590 to £14,900
• Mild tinnitus alone or mild NIHL alone – Around £11,720
• Slight or occasional tinnitus with slight NIHL – £7,360 to £12,590
• Slight NIHL without tinnitus or slight tinnitus without NIHL – Up to £7,010

Special Damages

This can include all other losses as a result of your injuries, which can be:

• Past and Future Loss of Earnings
• Cost of Aiding and Equipment
• Impact on the Labour Market (Smith v Manchester Award)

The Armed Forces Compensation Scheme (AFCS)

The Ministry of Defence also runs a dedicated scheme to compensate personnel regardless of fault. The MOD carries out the scheme itself based on assessment.

The AFCS scheme is in place to compensate individuals for any injuries that might have occurred in service, including hearing loss. However, a claim must be made within seven years of the injury.

A decision is awarded based on the MOD’s own consideration of circumstances and your injury, unlike through civil means. A decision is then made as to the amount of compensation for the injuries.

However, the range can vary and will often be a nominal amount when compared to amounts of compensation that can be obtained through civil means.

Bringing a claim through solicitors is the only way you can ensure that the maximum compensation for your injuries and any others losses has been achieved.

There is also no reason why you cannot bring a claim through the civil process and through AFCS. Anything you are awarded through the AFCS may simply be reduced from compensation awarded in due course.

Military deafness claims – why choose Oakwood Solicitors?

Oakwood Solicitors Ltd will work on your industrial disease claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay a penny. If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Further reading

Military Deafness claims – Oakwood Solicitors

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