This is a case study in which we look at someone who needed to make a compensation claim for tinnitus. We have researched this case study to show how personal injury lawyers may be able to help you secure the compensation that you could be entitled to when making a compensation claim for tinnitus.
In this case study of a No Win No Fee tinnitus claim, the claimant was the driver of a HGV. They were asked to assist another employee to inflate the tyre of one of the employers’ vehicles. It is not clear from records surrounding the case who requested the claimant help to inflate the tyre.
Whilst inflating the tyre, the claimant used a compressor to do so and the tyre burst. This caused the claimant to suffer both tinnitus immediately after the accident (and in the medium term), and to suffer the symptoms of vertigo over the longer term.
The injured victim contacted a personal injury solicitor and instructed them to make a No Win No Fee tinnitus claim. Whilst solicitors pursued the claim they were eventually able to secure a total of £80,000 in compensation. The compensation was awarded both for the injuries suffered by the claimant, as well as the fact that they were unable to continue in the job, as well as having to lose their licence.
Accident Claims UK can help people to make successful compensation claims for tinnitus. Our team has many years’ experience in helping people secure compensation for a variety of different types of accident and injury. To find out how to contact our team, scroll to the bottom of this page.
Work Related Hearing Loss Statistics
The claimant suffered an injury that was caused by an extremely loud noise and air pressure changes due to the explosion of a tyre which he was inflating. According to the Health and Safety Executive (HSE), being exposed to loud noises in any given situation can cause serious and irreversible damage to the ears and to your hearing. It should also be noted that your ears control your sense of balance as well as your hearing. Problems affecting one ‘sense’ can often affect the other as well.
Hearing loss is one of the most common forms of industrial disease and as many as 75% of all compensation claim for occupational diseases are for those to do with hearing loss or damage. Below are some common facts about work related hearing damage:
- 200,000 workers in the UK have hearing problems or difficulties which were caused by their work
- There are as many as 90 new victims of and claimants for hearing damage caused by their work each year
You can find statistics related to noise induced hearing loss at work in this resource from the HSE. The claimants’ accident caused lasting and permanent damage to the inner ear which was reflected in their compensation claim for tinnitus and vertigo.
What Injury Happened To The Claimant?
The claimant suffered two injuries as a result of the burst tyre which were included in their compensation claim for tinnitus. These were tinnitus and vertigo. Whilst it was estimated that the tinnitus would not be permanent, the claimant was diagnosed with likely having permanent vertigo. This diagnosis was compounded by the fact it was estimated that the vertigo also could not be controlled.
As a result, the claimant would often fall over whilst suffering an attack. They were also often mistaken for being drunk when they were not. The resulting tinnitus and vertigo also meant that the claimant had to leave their job as a HGV driver, and lose their driving licence for HGV’s.
Your hearing and sense of balance are both linked through the ears and as such, any damage or injury to the ear can cause one or both of the sets of symptoms suffered by this claimant. We often see that those making tinnitus accident claims will have other symptoms at the same time.
Tinnitus is a relatively common condition and it can affect people of all ages across the country. In many cases, such as this, the condition is not permanent. However, when it is permanent the effects can be severe. You can find out more about the symptoms of tinnitus, as well as managing and treating the condition at this NHS link.
Vertigo can often accompany tinnitus, or be caused by the same accident or injury. The symptoms of vertigo can be variable. You may find that you suffer from a spinning sensation or dizziness. Whilst having an attack of vertigo you might also feel nauseated and suffer a migraine. The duration of symptoms can also range in severity and duration.
How The Case Was Conducted?
The personal injury lawyer working on this case noted that it was a difficult, and at times distressing case to handle. Initially the solicitors for the claimant sought to establish the basic facts of the case. Medical records were used to determine the level of injury suffered by the claimant, and what the long-term effects would be to them.
When the initial vertigo and tinnitus claim was made, the employer denied that they were liable. Instead they made the claim that the accident was the fault of the claimant and that they were not responsible for what happened to him. Fault in the tinnitus claim was denied by the employer as they countered that keeping the tyres properly inflated was not part of the claimants job description. They also asserted that before the tyre exploded, the claimant had not noticed that the tyre was bulging.
As the defendant was not admitting any liability, it was necessary for the claimants solicitors to commence proceedings through the courts. At this point the defendant decided to negotiate a settlement of the tinnitus personal injury compensation claim. . The initial offer was rejected. Several months later a higher tinnitus compensation payout of £80,000 that also included loss of earnings and other losses was offered and accepted.
What Was The Outcome Of The Claim?
Next, we look at the outcome of the claimants’ personal injury compensation claim. Solicitors acting on the claimants behalf, noted that the injuries suffered by the claimant, and the case as a whole was distressing. The case had to deal with all of the effects of tinnitus and vertigo had on the claimant. The tinnitus compensation claim noted that whilst the claimant would not suffer from tinnitus for the rest of their life, they would continue to suffer from vertigo. The compensation claim cited that the injury would affect both the claimants ability to continue working, and their social life.
The final settlement offered by the defendant and which was accepted by the claimant was £80,000 in compensation for tinnitus. Find out how to make a compensation claim for tinnitus by contacting Accident Claims UK.
No Win No Fee Tinnitus And Workplace Hearing Loss Claims
A common reason why people avoid making a claim with a personal injury solicitor is fear of the potential expense of doing so. People often think that fees for solicitors and lawyer can quickly add up. However, with Accident Claims UK, you need not worry about these costs, or about having to pay for legal services before you have your settlement. By using a No Win No Fee solicitor, you will not need to pay for your solicitor before your case has been successfully concluded.
A No Win No Fee solicitor provides their services through a Conditional Fee Agreement. This form of contract means that the solicitor will provide their services without you having to make any payments. Their final fee will be set out in your agreement with them. It will also say what work they will carry out for you, and when and how they will be paid. It will also say that no charges are due in the event your tinnitus claim is not successful. No Win No Fee agreements have helped people across the country to secure the compensation they are entitled to.
A No Win No Fee agreement should make it as easy as possible for you to make a compensation claim, allowing you to make a claim regardless of whether you can afford to pay upfront legal fees or not.
Talk To Us Today
Work-related hearing loss, tinnitus, and vertigo can be serious and debilitating conditions. The combination of the three conditions can mean life-long consequences for the victim. If you have suffered from any of these due to an accident in the workplace, our team could help you to make a personal injury claim.
When you first call our team, we will discuss the details of your accident and injuries with you to establish whether or not you could legitimately make a claim for the injuries sustained. During the call you can ask us any questions that you may have with regards to making a compensation claim, such as how much you may be able to claim and how the process of making a personal injury claim works.
If we are able to help you it may be necessary to organise for you to have a medical assessment with one of the medical experts we partner with. This can help to establish what injuries you have, and how serious they are. Your medical report will then also guide your personal injury solicitor in their negotiation with the defendant and in how much compensation they are seeking on your behalf. Even if you have already seen a medical professional and have had your injuries treated, this can be useful to help establish how your injuries have progressed.
After having gathered all the evidence necessary, we will then begin working on your claim, helping you to build the strongest possible case. Contact us today via the following methods to make a compensation claim for tinnitus:
Useful Resources And Links
If you have suffered from work related hearing loss, you can find further information about tinnitus accident claims and similar injuries in the following links.
Accident At Work Claims
Find out more about how to make a compensation claim for an accident in the workplace with a personal injury solicitor.
Tinnitus – NHS
In this guide to tinnitus produced by the NHS you can find out more information about the condition such as symptoms to be aware of, when to see a GP, what treatment options are available, and what can cause tinnitus.
British Tinnitus Association
If you or someone you know suffers from tinnitus the British Tinnitus Association contains information and advice for how to manage the condition, as well as how to get any help needed.