England & Wales
Solicitors for Hearing Loss Claims
Hearing loss often develops gradually, and people frequently live with it for years before realising how much they have lost. Where the damage was caused by noise at work or by the negligence of another, compensation may be available. Our personal injury solicitors and lawyers act for people across England and Wales.
Hearing loss claims are different from most personal injury claims, because the injury develops over time rather than in a single accident, and the time limit can run from when you knew rather than when the exposure happened.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales
Can I claim compensation for hearing loss?
Yes, if the hearing loss was caused by someone else's negligence. The most common claims are for noise induced hearing loss caused by exposure to excessive noise at work, where an employer failed to protect their staff. Claims can also arise from a single traumatic event, such as a blast or a blow to the head. Because the damage usually develops gradually, the three year time limit may run from the date you knew or ought to have known that your hearing had been affected.
Noise induced hearing loss occurs when the delicate structures within the inner ear are damaged by prolonged exposure to loud noise. It is usually permanent, because the structures concerned do not regenerate. The damage often affects both ears, and it frequently comes with tinnitus, which many people find as distressing as the hearing loss itself.
Employers have been required to protect workers from excessive noise for decades, and the legal framework has tightened over time. Where an employer failed to provide hearing protection, failed to reduce noise at source, or failed to carry out the required monitoring, that failure is central to the claim.
Key takeaways
- Injury Law Specialists provides access to solicitors and lawyers handling hearing loss claims throughout England and Wales.
- Compensation has two parts: general damages for the injury itself, and special damages for the financial losses it caused.
- Most personal injury claims in England and Wales are subject to a three year limitation period.
- No Win No Fee may be available, subject to an assessment of the case and the funding terms.
- Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.
Understanding hearing loss claims
Hearing loss is measured by audiometry, a hearing test that charts the quietest sound you can hear across a range of frequencies. The resulting audiogram is the main piece of medical evidence in a hearing loss claim, because it shows the pattern and severity of the loss.
The pattern of loss matters as well as the degree. Noise induced hearing loss has a characteristic pattern, affecting the higher frequencies first, which is why a clear pattern on the audiogram is helpful in establishing that the loss is noise related rather than caused by something else.
Noise induced hearing loss
Gradual loss caused by prolonged exposure to excessive noise, most often at work. Usually permanent and often affects both ears.
Tinnitus
Ringing, buzzing or hissing in the ears, which very often accompanies noise induced hearing loss and can be as distressing as the loss itself.
Acoustic shock
A sudden reaction to a loud noise, which can cause hearing loss, tinnitus, pain in the ear and heightened sensitivity to sound.
Traumatic hearing loss
Loss caused by a single event such as a blow to the head, a blast, or an injury that damages the ear drum or the structures of the inner ear.
Perforated ear drum
A tear in the ear drum, caused by trauma, a foreign object or a sudden pressure change, which may heal or may require surgery.
Hearing loss with other injuries
Where a head injury or a blast causes hearing loss alongside other harm, the combined effect is generally more significant than the hearing loss alone.
What evidence these claims need
The audiogram is the central piece of evidence, and where you have had more than one hearing test over time, comparing them can show whether the loss has progressed. An ENT specialist will usually report on the degree and pattern of loss and on whether it is consistent with noise exposure.
Where the claim relates to noise at work, evidence about the working conditions and the noise levels is needed. This often comes from records of the employer's noise assessments and hearing protection arrangements, together with evidence about the noise levels in the individual's particular workplace.
Evidence we look for
- Audiograms, including any earlier tests for comparison
- An ENT or audiological report on the degree and pattern of loss
- Employment history and evidence of noise exposure
- Records of any noise assessments carried out by the employer
- Evidence about hearing protection provided, or not provided
- Evidence of tinnitus and its effect on sleep and concentration
- Evidence about the effect on work and daily life
- Records of any hearing aids or equipment needed
What compensation can include
Compensation is built from the injury itself and from the financial consequences it has caused. Both have to be evidenced, and what is recoverable depends on your own circumstances.
Pain, suffering and loss of amenity
General damages for the injury itself and the effect it has on your life, including the activities, work and everyday tasks you can no longer manage as before.
Loss of earnings
Pay lost while you were recovering, and where the injury affects your ability to work in future, the difference between what you would have earned and what you can now earn.
Medical and treatment costs
Treatment you have paid for, physiotherapy, prescriptions and private care, along with the cost of treatment you are likely to need in future.
Care and assistance
Help with household tasks, childcare, gardening and personal care while you recover, whether paid for or provided by family members who stepped in.
Travel and other expenses
The cost of getting to medical appointments, aids and equipment, and other expenses the injury has caused that can be supported by receipts.
Future losses
Where the injury has lasting effects, compensation can include future treatment, ongoing care, equipment, and the longer term effect on your earning capacity.
We do not publish figures for particular injuries, because compensation is not decided by the injury name alone. Two people with the same diagnosis can receive very different awards depending on severity, how long symptoms last, the medical prognosis and the financial losses each has suffered. Any reliable figure has to come from the medical evidence in your own case.
How personal injury compensation is assessedHow these injuries typically arise
The cause of the accident changes who the claim is brought against. It does not change the way the injury itself is assessed.
Solicitors for Accidents at Work Claims
Where the injury happened at work because of unsafe conditions or an employer's negligence.
Accidents at work claimsSolicitors for Serious Injury Claims
Where the injury is life changing and long term care and future loss must be considered.
Serious injury claimsWhat our solicitors do for you
- Assess the circumstances and explain whether there may be grounds to claim
- Identify who was responsible and put the case to their insurer
- Gather the evidence, including records and footage before it is lost
- Instruct independent medical experts on the injury and prognosis
- Work out the value of the claim, including lost earnings and expenses
- Handle the correspondence so it does not land on you
- Advise on any settlement offer, including when to challenge one
- Issue court proceedings where they become necessary
Hearing Loss: frequently asked questions
How long do I have to claim for hearing loss?
This is where hearing loss claims differ from most others. For most personal injury claims the limit is three years from the accident, but where the injury developed gradually, the three years runs from the date you knew or ought to have known that you had suffered a significant injury and that it was attributable to the exposure. That means a claim can sometimes be brought many years after the noise exposure ended.
Can I claim if I no longer work for the employer?
Yes. The claim is against the employer who exposed you to the noise, and it can be brought whether or not you still work there. Where the employer no longer trades, or where the company has been dissolved, we will look into what records survive and what insurance arrangements were in place.
How much hearing loss is needed to claim?
There is no fixed threshold in law, but claims generally need a measurable hearing loss that is attributable to the noise exposure. Minor losses may not justify a claim once the cost of the medical evidence is taken into account. The audiogram is used to assess this, and we can advise whether the loss is likely to be significant enough before incurring the cost of medical evidence.
What is tinnitus and can I claim for it?
Tinnitus is a ringing, buzzing or hissing in the ears that has no external source. It very commonly accompanies noise induced hearing loss and can be as distressing as the loss itself, disturbing sleep and concentration. It can be claimed for, and its severity and effect are addressed in the medical evidence.
Can I claim if I used hearing protection?
Using protection does not necessarily prevent a claim, because the employer may still have failed to reduce noise at source, failed to monitor levels, or failed to ensure the protection was suitable and properly worn. What matters is whether the employer did what the law required to protect your hearing, and that is something we will look at in detail.
How long do hearing loss claims take?
Most hearing loss claims settle within twelve to eighteen months. They are generally simpler than injury claims because the damage is progressive and the medical evidence is largely documentary, resting on the audiogram rather than on a physical examination in the way an injury claim would.
Can I claim for a hearing aid?
Yes, where one is needed. The cost of hearing aids and of their upkeep and replacement over time forms part of the claim. Where the loss is likely to progress, the claim should also account for the fact that more advanced or more powerful aids may be required later.
What if I worked in several noisy jobs?
That is common, and it does not prevent a claim. Where there has been exposure with more than one employer, claims can potentially be brought against more than one of them, each responsible for the part of the loss attributable to their period of exposure. We will look at the whole history and advise on how best to proceed.
The answers above explain the position generally. Nothing on this page is medical advice, and any medical questions should be directed to your treating team. Every claim turns on its own facts.
Who provides the legal services
Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.
MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.
Read our Regulatory InformationRelated injuries
Related information
Not sure whether you can claim for your injury?
Tell us what happened and a member of our team can explain whether there may be grounds to claim, what evidence would be needed and how the process would work. The assessment is free, and speaking to us does not commit you to anything.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales
