To succeed in most cases of noise induced hearing loss (NIHL), the requirements of a stringent set of guidelines, known as the Coles’ Guidelines, have to be met. This left many people unable to claim, despite having been exposed to noise and suffering from hearing loss.

New Guidelines have now been drafted which, although are yet to be adopted, provide for a much lower threshold for diagnosing noise induced hearing loss. 

This means that potentially thousands of workers who were unable to claim before, may now be eligible. 

The most significant changes seen in the New Guidelines are as follows:

1. There is no longer a minimum noise level (previously set at 85dB) that you have to be exposed to for it to be taken into account as a contributor to your hearing loss. Although note that the lower the noise level, the less impact it will have on your hearing and that the law sets a minimum claimable action level of 80dB.
2. The number of years noise exposure required to show that you have been exposed to sufficient noise to cause permanent hearing loss, has been dramatically reduced from the equivalent to 10 years exposure at 90dB, or 30 years exposure at 85dB, to 1 years exposure at 90dB, or 4-6 years exposure at 85dB. This is known as the Noise Immission Level (NIL) which has been significantly reduced from 100dB to 90dB.
3. For workers exposed to impulse sounds such as hammering, it is recommended that the number of years noise exposure required to show that you have been exposed to sufficient noise to cause permanent hearing loss, be reduced even further to a NIL of 86dB.
4. It is to be assumed that all workers exposed in active military service or to tone set equipment, such as in the testing of telephone lines, have been exposed to noise with the potential to cause hearing loss.
5. In order to quantify the level of noise induced hearing loss a worker is suffering from, the frequencies at 1, 2 and 4 kHz are now to be averaged, instead of at 1, 2 and 3 kHz, which will likely see higher levels of noise induced hearing loss being diagnosed and therefore higher levels of compensation.

Your Employer has a legal duty to try and prevent and reduce exposure to noise at work by either eliminating noise at the source or reducing it by the use of adequate and properly selected hearing protection.

Employers are under a duty of care to ensure their Employees are not put at any foreseeable risk as far as practicable.

Our Industrial Disease solicitors have a wealth of experience in dealing with NIHL and tinnitus claims. If you are suffering from NIHL or tinnitus, this may have been caused or made worse by your employers’ negligence regarding your safety for which you may be able to receive compensation, even if you have previously been told that you cannot claim. 

The value of your claim depends on many factors including the severity of your symptoms. It’s not uncommon for claims to be worth in excess of £10,000.00.

Your claim would be dealt with under a “no-win-no-fee” agreement. There’s no cost to you if you lose your claim. If your claim is successful, we take 25% of your compensation. It’s that easy.

Oakwood Solicitors Ltd agrees to 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 us 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.

New noise-induced hearing loss guidance – Could you now be eligible to Claim?