Hearing Loss Claim Time Limit Guide- How Long Do I Have To Make A Hearing Loss Or Deafness Compensation Claim?

Hearing loss claim time limit

Hearing loss claim time limit

All personal injury claims have a time limit in which they need to be started. Time limits in accident claims can vary depending on the circumstances involved and also the age of the victim. Claim time limits can sometimes be extended but this would depend on a number of factors, but in the majority of cases, time limits to make a claim are strict and if it has passed, little or nothing will be able to be done, therefore if you have suffered hearing loss due to negligence caused by someone else, it’s imperative that you start your hearing loss claim as soon as you can.

Hearing loss may occur due to a number of reasons, some from an accident such as a road traffic accident for example, but most are noise induced hearing loss often from the workplace. Noise induced hearing loss claim time limits may vary as it isn’t always an instant injury and may develop over time. If you are unsure after reading through this guide what your hearing loss claim time limit is, you can call us at Accident Claims UK on 0800 073 8801 for further help and advice.

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A Guide To How Long Hearing Loss Claim Time Limits Are

Hearing loss can occur due to a number of reasons. Often it gradually and naturally occurs over time as people age. But, sometimes hearing loss can be caused by a sudden loud noise or from being exposed to loud noises over a period of time. Industrial deafness is quite common among workers who work in factory environments where the correct personal protective equipment has not been supplied or used to protect their hearing. Sudden loud noises can also cause hearing loss, this may be work related hearing loss again, or caused by an accident out of the workplace. Regardless of the cause, if you have suffered hearing loss because of someone else’s mistake or negligence, you may be able to make a claim. Time limits for compensation claims for hearing loss regardless of the cause will apply and so we have put together this guide to explain them in more detail. We also cover the time limits for hearing loss claims for children, what happens if you are beyond the time limit, what you could be compensated for in your claim, and we also touch on the amounts of compensation you could possibly receive depending on the level of your injury. After reading through the guide, if you’d like further advice or would like to start your claim, call Accident Claims UK and speak to one of our expert personal injury lawyers.

What Is Hearing Loss And When Could I Claim?

Hearing loss occurs when some of the ear structure becomes damaged due to either exposure to loud noise over a period of time, or due to a sudden loud burst of noise. Exposure to loud noises, after age related loss of hearing, is the second biggest cause of hearing loss. The most common reason for noise induced hearing loss to occur is working in a noisy environment such as a factory, nightclub or music venue for example. Employers have a duty of care to supply their employees with the correct personal protective equipment so that the employee doesn’t come to any harm, as well as ensuring that the noise level doesn’t rise above what is regarded the maximum level that is deemed safe when using protective ear defenders. If your employer fails to take the necessary precautions in order for your hearing to be protected, they may be deemed negligent in their duty of care and liable to pay compensation if you were to make a noise induced hearing loss claim against them. If you have suffered hearing loss because of someone else’s negligence or mistake, at work or otherwise, you may be able to make a claim so long as you start it within the hearing loss claim time limits. In the links below, you will find another of our guides with lots of information on, and also an action for hearing loss guide that is also really helpful:

Time Limit Table For Hearing Loss Compensation Claims

Hearing loss claim time limits can vary depending on the circumstances involved and who the claim is to be made for, whether it is for an adult or a child. In the table below, we have listed the various deafness claim time limits so that you can hopefully gauge whether you are within time to start your claim. If you are unsure, you can call us at Accident Claims UK and we can have a look at your circumstances for you to decide if you are still eligible to make a claim or not.

Circumstance Of ClaimDetailsTime Limit
Sudden deafness due to accidentWhere the victim has suffered hearing loss due to a sudden loud burst of noise.3 Years
Industrial DeafnessThe time limit may vary as symptoms progress over a longer period of time. The time limit may start from the date of diagnosis even when it may have started to occur months or years previously.3 Years - may vary
Hearing Loss In a ChildTime limits work differently with child claims. The child has until their 21st birthday to file a claim for themselves if an adult hasn't done so already on their behalf.At anytime within their childhood, no longer than 3 years following their 18th birthday

Is There A Cut Off Period For Work Related Hearing Loss Claims?

Claims can only be made for industrial deafness and work related noise induced hearing loss after the date when it was first recognised that hearing damage could be caused by exposure to loud or constant noise at work, which was in 1963. After 1963, if you were in employment that you believe has caused your hearing loss, you could possibly make a claim. Often noise induced hearing loss is not realised until years later, and so in most circumstances, you will have three years from the date considered most reasonable that you had acknowledged that you were suffering some hearing loss associated with past employment. This date of acknowledgment will probably fall on the day you sought medical attention regarding your hearing difficulties where your GP may have sent you for a hearing test which would then have highlighted the extent of your hearing problem. If three years have passed since your acknowledgement of your condition it is unlikely that you will be allowed to make a claim anytime thereafter as your claim would be statute barred in accordance with the Statute Limitations Act 1980.

When Are You Eligible To Claim For Noise Induced Hearing Loss?

If you have suffered noise induced hearing loss due to the negligence of someone else, such as your employer, providing their liability can be proven, you may be eligible to go through an industrial deafness claims procedure as long as the claim is started within the industrial deafness claim time limits. In most cases, industrial deafness occurs over a period of time and due to this, although some symptoms may be immediate, not all symptoms are immediately noticed, but recognised gradually. Some of the common symptoms of industrial deafness include:

  • Complete loss of hearing in one or both ears.
  • Needing to turn the volume of different media such as television and radio up high in order to be able to hear them.
  • Hard of hearing in one or both ears.
  • Temporary or permanent lack of hearing.

Other hearing conditions that can be caused by the workplace include:

  • Acoustic Trauma – This is a type of hearing loss that can happen rapidly, usually when being exposed to extremely loud noises such as explosions.
  • Tinnitus – Tinnitus can be the result of sudden loud noises or continued exposure to loud noises and causes varying symptoms such as ringing, hissing, buzzing, droning or ticking sounds in the ear either continuously or intermittently.

As mentioned earlier in the guide, any exposure to loud noise in the workplace after 1963 that causes hearing loss could be claimed for if negligence can be proven. If you worked in mining, such as coal mining, worked in a steelworks factory, in a weaving or spinning factory, or in a heavy engineering factory for example, you may have suffered some hearing loss due to your workplace. Similarly, if you have been exposed excessively to loud noises in the building industry or as an HGV driver on building sites after the year of 1970, you could possibly make a claim.

If you are unsure of your eligibility for making a claim, just contact us at Accident Claims UK and we will be able to help and advise you as to whether you have a valid claim.

What Are Time Limits To Make A Personal Injury Claim?

As previously stated in this guide, personal injury claim time limits will vary depending on the circumstances. Personal injury time limits act as a deadline from the date of injury in which to start a compensation claim. The time limits will vary depending on the circumstances involved, when the injury was sustained and occasionally there may be exceptions to the general time limit given of three years.

Hearing Loss Claims And The ‘Date Of Knowledge’

Sometimes when we are injured, and in particular where hearing loss is concerned, it isn’t always obvious straightaway how bad the injury is, sometimes it can take a while before symptoms become more apparent. It is often hard to be able to pinpoint a single event when the injury or illness, or in this case deafness, occurred as it is often the result of continued exposure to loud noise.

The ‘date of knowledge’ is the date of when the claimant discovers their injury and that it was in fact caused by the negligence of someone else. Due to the possible differing circumstances that may have caused the deafness, the actual date of knowledge could be:

  • The first day that the symptoms became apparent.
  • The date when the deafness was first presented.
  • The date of the actual medical diagnosis.

Establishing the correct date of knowledge is not always straightforward and can sometimes be fairly complex depending on the circumstances involved, but Accident Claims UK will be able to help you with this to determine when the three year hearing loss claim time limit begins.

The claim must be made within the three year time limit as otherwise, as mentioned previously, it will be statute barred and so you will not be able to make a claim.

Hearing Loss Claim Time Limits For Children

Hearing loss claim time limits differ with children as they are reliant on an adult starting a claim for them on their behalf if they are injured when under 18 years of age, but if a claim is not started on their behalf, then they could potentially miss out on receiving compensation for an injury that wasn’t their fault. Therefore, in order for a child to make a claim when an adult hasn’t done it for them, they have 3 years from their 18th birthday to initiate a claim for themselves now they are legally old enough to do so. Our guide to child accident claims provides more information.

Could I Claim If I Am Close To The Three Year Claims Time Limit?

Before legal action can begin, there are a number of questions that need to be answered first. These questions, or tasks, may take up to several weeks each to complete and so there needs to be enough time to do this before the hearing loss claim time limit ends. Some of the tasks include:

  • Once organised, undergoing a thorough medical examination of your injury and obtaining the medical report.
  • Contacting witnesses and gathering their witness statements as evidence.
  • Making sure to gather any other evidence that will help to prove liability.

If you only have a few weeks before your claim time limit runs out, it may not be possible to successfully make your claim and therefore it is crucial to speak to a personal injury solicitor as soon as you can.

When You Could Claim Beyond The Usual Three Year Limit

Although in most cases the hearing loss claim time limit is three years, sometimes there are exceptions to the rule with some circumstances where the time limit may be extended, the courts may allow an extension in special circumstances.

Some examples of when the three year limit could vary include:

  • When injuries occur outside of the UK as that case maybe pursued under the time limits of the country where the injury took place.
  • As already mentioned, if the victim of injury is a child, the three year limit will not commence until the child reaches their 18th birthday if a claim hasn’t already been made on their behalf.
  • If the claimant has been having medical treatment whilst under the Mental Health Act 1983 the limitation period of three years will not begin until the claimant has been discharged, or until the date that their disability ends, whichever date is the earliest.

There may also be times when the time limit could be reduced i.e.

  • When injuries occur whilst on board a flight. If the flight is a UK flight or part of a package holiday booked with a UK travel company, the usual three year rule will apply, however, with international flights, the Montreal Convention applies where the time limit is reduced to two years.

If you are unsure when your claims time limit ends, just call us at Accident Claims UK and we will be able to help you determine your date of knowledge and therefore determine when your time limit ends.

Calculating Compensation Claims For Hearing Loss

Probably one of the things you’d like to know when making a compensation claim, is how much compensation you may receive for your injury if your case is successful. Unfortunately though because there are so many variables to each unique case that has an affect on the final settlement amount, we cannot give an exact answer to this question at this stage. However, what we can do is show payout amounts for various hearing loss injuries in their varying degrees of severity in accordance with the latest Judicial College Guidelines to at least give you some idea of the amount you may be owed if your case is a success and you win your claim, the amounts are shown in the table below:

Reason For CompensationAverage Amount PaidComments
Total Deafness in both ears£79,560 - £96,150The lower end of the amount is for cases where there's no tinnitus, the higher end is for when tinnitus is present also.
Total loss of hearing in one ear£27,450 - £39,940People who also suffer tinnitus, dizziness or or headaches alongside the deafness will receive the higher amounts than those who don't.
Partial hearing loss and / or tinnitus - severe£26,040 - £39,940The most severe will be awarded the higher compensation amounts.
Partial hearing loss and / or tinnitus severe - moderate - minor£6,140 - £26,040The most severe will be awarded the higher compensation amounts. The lower end will be for those with either no, or mild tinnitus alongside partial deafness.

Don’t worry if your particular problem is not listed, just call us at Accident Claims UK and we will be able to help.

What Could A Hearing Claim Compensate You For?

All compensation claim amounts are made up from a number of components to give the final settlement amount. These different components include:

  • General Damages – These represent the physical aspects of the injury you have sustained, and any psychological effects that may have resulted from the injury. The type and severity of the injury is the main influencer in the amount of compensation for general damages with the more severe injuries getting the higher amounts of compensation, this is why it is so important to have a full medical examination and report.
  • Medical Expenses – Any medical costs that you have incurred can be reclaimed in the overall compensation amount. Medical costs may include treatment costs, prescriptions fees, counselling costs and so on.
  • Travel Expenses – Any travel expenses incurred in direct relation to your injury such as travelling to and from doctor’s appointments for example, can be claimed for.
  • Care Claim – If you have needed home help, a care claim can be made.
  • Loss of Income – Any income lost, or future income lost can be claimed for in accordance with your current paygrade.

It is important to keep any receipts for expenses that you have incurred as a direct result of your injury so that these can be used as proof of costings and therefore included in your claim. Without the receipts, you may not be able to include these in your claim.

Hearing Loss Claims With No Win No Fee Solicitors

Making a claim for compensation can often be a long, complex process and so hiring a personal injury lawyer to conduct the claim on your behalf, can be a huge relief for many people. However, often they are put off from hiring legal help as they are worried about the cost and so decide not to go ahead with the claim. However, with a no win no fee solicitor, you do not need to worry about the costs as no fees are paid upfront or during the claiming process. The solicitor’s fees are only paid if they win your case for you and this will be paid by means of taking a small percentage from the overall compensation amount awarded. If they do not win your case for you, you do not need to pay them anything at all.

Contacting Accident Claims UK

Accident Claims UK have been successfully helping people to get the compensation they deserve for a number of years and work with highly experienced solicitors who all work on a no win no fee basis.

We offer great customer service and always do our best to secure the maximum amount of compensation possible for your case. We always encourage people to view our customer reviews to see the fantastic feedback we have had from previous customers.

We have a great work ethic and will work as best we can to get you the best result possible in a timely manner. We understand that you are going through a tough time and want to help to make things as easy for you as possible.

If you would like to discuss the details of your claim, or indeed start your claim, with one of our expert solicitors, please call us at Accident Claims UK on 0800 073 8801 and we will endeavour to get you the highest amount of compensation we can for your case.

Additional References

NHS – Hearing loss

Here you will find lots of information from the NHS regarding hearing loss.

Gov.UK – NIHL

Some information here that may be helpful regarding noise induced hearing loss from the Government.

Compensation Claims For Assault

If you have suffered hearing loss following an assault our guide gives advice on making a claim.

Article By KH