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    Royal Marine Captain sues MoD for Noise-Induced Hearing Loss

    11:43, 3/9/2024

    Home » News & Knowledge » Royal Marine Captain sues MoD for Noise-Induced Hearing Loss

    A former Royal Marine captain who served around the world, is suing the Ministry of Defence over claims that his time in service has left him deaf.

     

    Richard King worked with the Royal Marines for 36 years, where he was sent to some of the most deadliest spots, plagued with civil unrest including several tours in Northern Ireland and Afghanistan.

     

    Royal Marine Captain sues

     

    However, now 58 years old, the former Captain suffers from high-frequency sensorineural hearing loss and tinnitus – and claims his injuries have left him disadvantaged in the open labour market.

    He is now seeking damages of more than £200,000, accusing the Ministry of Defence of negligence and breach of duty.

    According to reports, the MoD has admitted breach of duty but it now requires him to prove he has suffered a noise-induced injury – and says his claim should be delayed until test cases for noise-induced injury are decided in October 2025.

    However, he is just one of hundreds of service men and women who are claiming compensation from the MoD for deafness caused by their time in the armed forces.

    According to reports, documents show that Richard, who joined the Marines in 1981 spent most of his career in training units with the Royal Marine Commandos Unit.

    Part of his role required him to take part in blank firing exercises, which he claims were carried out with and without ear defences – stating that if he had worn them throughout he wouldn’t have been able to hear what those around him were saying.

     

    Inadequate ear defences

    Mr. King, who is from Newton Abbot in Devon said he used to shoot his weapon in the enclosed space of “pipe ranges” as part of his duties.

     

    His lawyer, Surriya Akhtar, told a news outlet:

    “He recalls his ears would be ringing after such exercises. During some of those exercises, it was not possible to hear what anyone was saying or shouting to each other.”

     

    Mr. King claims that the ear defenders he wore did not fit properly when he was wearing his helmet. He also says that during active engagement in Belfast, when rubber bullets were fired, he did not wear any ear defence to keep his situational awareness.

    Mr. King’s legal team argue that when he was deployed to Afghanistan, he was exposed to different types of weapons, including explosive devices, hand grenades and heavy machine gun fire.

     

    Ms. Akhtar says:

    “Ear protection was supplied but it was to be worn ‘half off’ his ear so that he could hear voice or deliver voice himself.”

     

    Live environment training

    Reports state that Mr. King was involved in live training attacks where no ear defence was used, despite soldiers using plastic explosives to blow up trees and clear areas as Wessex and Sea King helicopters were heard overhead.

    Mr. King said that while travelling in Hercules helicopters before a parachute jump, he was usually given yellow foam ear defenders, but these did not allow situational awareness and that even when they were worn, they did not reduce the noise of the engine.

    Reportedly, the MoD wants his claim to be stayed until the test cases are heard, or scheduled to be heard after the test cases.

    It says that although it admits breach of duty, Mr. King is required to prove that this caused him injury.

    The MoD also disputes he is disadvantaged in the open labour market and wants a report from its own medical expert.

     

    Noise-Induced Hearing Loss – How to make a claim

    Serving in the military is an honourable and often challenging role, carrying with it risks that can sometimes result in injury or illness.

    If you have been harmed while serving in the armed forces, you may be entitled to compensation through military legal claims. At Oakwood Solicitor Ltd, we can assist you in Military Claims – whether you have suffered an injury or suffering from hearing loss, we are here to help.

     

    Military deafness claims

    Members of the MOD in combat roles are often exposed to high levels of noise in live firing exercises, dummy fire exercises and drills which have the potential to damage their hearing in the short and long term.

    It has become clear over recent years that there are thousands of past MOD employee and some current that are suffering with their hearing and/or have tinnitus as a result and now realise they can seek compensation for their loss.

    Military deafness claims are like many other hearing loss claims in that we need to take a detailed account from the potential claimant, seek to consider appropriate medical evidence to prove your losses and then look to reach a settlement on your behalf.

    We obtain their information from you remotely, and should you wish to discuss a potential case it is always best to speak to one of our industrial disease specialists to obtain more information.

     

    Can I claim for Military deafness?

    If you have been employed by the MOD anytime after 1987 then you may be able to claim if you have suffered from hearing loss.

    We will need to determine the circumstances of your employment with them and whether you will have had sufficient exposure to noise. All of this can be considered and determined in a discussion with you.

    We will also need to determine whether your hearing has been affected by the noise you have been exposed to and this can be determined by a simple, quick and painless hearing test.

    We would always encourage anyone who has potentially been exposed to noise with their employer to contact us sooner rather than later, as there are certain time bars to bring claims which we also need to consider.

     

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

    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.

     

    Civil claims

    If your injury was caused due to your employer’s negligence, you also may be entitled to make a civil claim.

    Although military service involves facing dangerous situations, your employer is required to ensure your safety by providing:

    • Safe Systems of Work: Implementing procedures and practices that reduce risks and ensure tasks are performed safely.
    • Appropriate Work Equipment: Supplying and maintaining safe equipment for use.
    • Sufficient Training: Offering adequate training so personnel can perform their duties safely and handle hazardous situations effectively.

    If these responsibilities are not fulfilled, leading to an injury, you may have a valid compensation claim. This can cover various damages, including physical injuries, psychological effects, and financial losses.

     

    Why should I use Oakwood Solicitors Ltd?

    At Oakwood Solicitors Ltd, our team of experienced legal military claims experts can advise the best route to take to claim compensation on your behalf. Our solicitors specialise in military claims, including complex cases such as hearing loss, PTSD, and medical negligence.

    With a proven track record of success and a commitment to protecting your rights, Oakwood Solicitors is the trusted choice for military personnel seeking justice.

    Contact Oakwood Solicitors today to discuss your Military compensation claim and how we can assist you.

     

    Further reading

    Military deafness claims – Oakwood Solicitors

     

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    Meet the author

    Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…

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