World Tinnitus Week: When can I make a claim?

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World Tinnitus Week is here to educate the public about symptoms and to increase awareness of the condition.

The annual campaign runs in February, to inform people of what to look out for, common causes and misconceptions, as it can be more than just ‘ringing in the ears’.

Tinnitus is an invisible condition but can have life-changing effects on those who suffer. The effects of tinnitus can vary, and change from person to person and from time to time – but in most cases, it will affect a sufferer’s quality of life.

Tinnitus Awareness Week

The impact of constant ringing, clicking, whooshing and buzzing in the ears or head can affect a person’s concentration, and ability to converse and communicate.

This can then go on to cause further issues such as anxiety, depression or stress if a person feels they cannot carry out their everyday activities or their livelihood has been affected.

Sometimes, tinnitus is caused by exposure to loud noises and if this is due to your working conditions, you may be entitled to claim compensation for your damages.

We have rounded up everything you need to know about tinnitus

What is tinnitus?

Tinnitus is a condition which causes sufferers to hear a noise in their ears or head which does not come from an outside source. Sometimes, the noise will be in one or both ears and can either come and go or be constant.

In some cases, the noise will be temporary and go on its own, but in more serious cases sufferers may need medical treatment.

Causes of tinnitus

There are several ways tinnitus can be caused but it is often linked to the following:

Some form of hearing loss
Ménière’s disease
Conditions such as diabetes, thyroid disorders or multiple sclerosis
Anxiety or depression
Taking certain medicines – tinnitus can be a side effect of some chemotherapy medicines, antibiotics, non-steroidal anti-inflammatory drugs (NSAIDs) and aspirin
Exposure to loud noises

What does it sound like?

Tinnitus can sound different from person to person but it is usually described as sounding like the following:

Ringing
Buzzing
Whooshing
Humming
Hissing
Throbbing
Music or singing

Tinnitus at work

One of the common causes of tinnitus can be exposure to loud noises at work. If you are working in a loud environment every day, without the correct protection, you may be at risk of damaging your hearing.

Common industries which could see workers exposed to loud noises include the armed forces, construction and mining.

However, your employers have a liability to ensure employees are safe and provided with the correct PPE and training to carry out their jobs safely. Therefore, if you have suffered from tinnitus due to your working conditions you may be able to make a claim against them for damage.

When can I make a claim?

Employers have a duty of care to protect you from exposure to noise. If you’ve worked in noisy environments and suffer from hearing loss, your employers (present and past) could be liable for compensation.

Exposure to noise at work is commonplace, especially among manufacturing and heavy industry sectors. Without the proper use of hearing protection, prolonged exposure to noise at work can result in NIHL and tinnitus (a buzzing or ringing sensation in your ears).

How long do I have to make a claim?

In most cases, you will have three years from the date of knowledge to submit a claim.

This means that even if your hearing loss was caused by your place of work a decade ago, you will have three years from when you first became aware of your injury, or the date you established that the negligence of a third party caused your injury to submit a claim.

What evidence do I need to provide?

When submitting a claim, you will need to prove there was negligence from your employer which caused you to develop the hearing loss. This may include failing to provide you with protective ear equipment in a loud work environment.

To prove your claim, you may be asked to provide some evidence including the following:

Medical Evidence – Official reports from a medical professional to show you are experiencing hearing loss.
Witness Contact Details – Contact details of other workers who witnessed the incidents where your hearing was damaged. A solicitor may ask them to provide a statement.
Inadequate ear protection – You may be asked to provide the equipment you were provided with while you worked with the employer as it may have been defective or unsuitable.

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)

Tinnitus FAQs

I have only started noticing hearing loss/Tinnitus recently and worked in noise over 20 years ago. Could I still claim?

Yes – It is not unusual for issues associated with hearing loss to become noticeable until much later once the presbycusis loss (age loss) has married up with the noise loss and damage. It is not unusual to bring claims for exposure from 20, 30 or 40 years prior.

The companies I worked at are no longer trading. Can I still make a claim?

Yes – The insurers who were covering the Defendants at the time you were employed for them will have to ‘step in’ for the Defendants and become the paymasters of the claim. The insurers can be found through historic employers liability insurers searches and this is something we will perform on your behalf.

I worked for a number of different employers who exposed me to noise. Can I still claim?

Yes – The claim will be appropriately apportioned between all employers who exposed and therefore if one companies insurers can not be found it does not mean another company can not be pursued.

For example: if you worked for 4 noisy employers – each for 2 ½ years and each workplace exposed you to roughly the same noise, then each employer would be responsible for 25% of the overall claim.

If I make a claim will I have to go to court?

It is very unlikely that you will have to attend any court hearing if you wish to pursue a claim. The majority of claims will conclude long before any court hearing is necessary.