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The Hearing Loss Claim Time Limit – How Long Do I Have To Claim For Industrial Deafness?

By Megan Black. Last Updated 26th June 2024. Welcome to our hearing loss claim time limit guide. There are three types of noise-induced hearing loss: acoustic shock syndrome, industrial deafness and tinnitus. If you work in an environment such as construction or engineering with excessive noise, your employer is legally obliged to protect you from noise-induced hearing loss. If you have noise-induced hearing loss because of negligence on the part of your employer, you could claim compensation for your injuries.

Our clients often ask us, “Is there a time limit for making a hearing loss claim?” The answer is yes. There is a personal injury claims time limit in the UK. In this guide, we provide legal advice on a hearing loss claim time limit and how it works.

If you have lost your hearing or are suffering from tinnitus because of negligence on the part of your current or former employer, you could be entitled to claim workplace hearing loss compensation. Contact Legal Expert today for your free personal injury claims consultation.

So, if you have the right to claim, we will accurately estimate how much compensation your claim for hearing loss could be worth and will assign an excellent personal injury solicitor to your case to help you claim. Call us today on 0800 073 8804 to begin your claim for hearing damage. Alternatively, you can use our claim online form to arrange an alternative consultation to begin the claiming process.

Hearing loss claim time limit

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What Is Hearing Loss Or Industrial Deafness Claim?

Noise-induced hearing loss is a condition that is brought about by exposure to an excessive amount of noise. Most cases of noise-induced hearing loss are brought about because of routine exposure to excessive noise at work. According to statistics from the Health And Safety Executive (HSE), there were an estimated 23,000 people in the UK with hearing loss caused by excessive noise at work from 2015/6 to 2017/8. There had also been 70 claims for hearing loss in the year 2017.

These high numbers are worrying, but fortunately, there has been a steady decline in the number of industrial deafness related cases over the last ten years (from 2008 to 2018). Despite this, one case is one too many, and anyone who has suffered deafness or tinnitus because of irresponsible behaviour on the part of their employer deserves to receive compensation for their ordeal.

What Types Of Hearing Damage Can I Claim For?

There are three types of noise-induced hearing loss. They include acoustic shock syndrome, industrial deafness, also known as industrial hearing loss, and tinnitus. When making claims for deafness, noise-induced hearing loss suffered by military personnel is sometimes categorised separately because the person would claim a government payment for hearing loss.

We will now look at types of noise-induced hearing loss due to negligence in the workplace in more detail. But note that a case involving any of these must still adhere to the hearing loss claim time limit.

  1. Industrial Deafness: Industrial deafness, also called occupational deafness, is hearing loss caused when a noise above 80 to 85 decibels passes through the outer ear, ear canal and eardrum. As the noise enters the middle and inner ears, it damages the auditory cells of the inner ear, which causes a loss of hearing. This process happens over time. Unfortunately, it is not reversible.
  2. Acoustic Shock Syndrome: Acoustic shock syndrome is caused by exposure to a single excessively loud soundwave, such as an explosion. The condition can also be caused by listening to loud sounds through headphones.
  3. Tinnitus: Tinnitus happens when someone is exposed to excessively loud noise over time, damaging the tiny sensory hairs in the cochlea and inner ear. Symptoms of tinnitus include a constant ringing, hissing or clicking noise in the sufferer’s ear.

Is There A Time Limit For Making A Hearing Loss Claim?

There is a strict time limit in place when it comes to making a hearing loss claim. The window is just 3 years and it can begin from two different points of time, depending on your circumstances.

In the first instance, the time limit can begin from the date you suffered the hearing loss. For example, you may have experienced an acoustic shock, which is a sharp blast of painful sound. You can tie down this incident to a date, so know how long you have to claim from that point.

In the second instance, the symptoms of hearing loss may develop subtly over time. A person may put their hearing difficulties down to old age. However, if they go and get this problem checked out and are asked about potential causes, such as working in a noisy environment, the law expects the person to make the connection. At this point they would gain “knowledge” and the time limit would run from this point.

 
type of claim Time limit
Hearing Loss 3 years from the date of the loss or 3 years from the date you became aware of the hearing loss and associated it with your employment
Hearing loss affecting a child Up to the age of 18 or 3 years after this.

What Does Date Of Knowledge Mean?

In claims for hearing loss, the date of knowledge may vary. When we discuss the date of knowledge, this refers to the date that you first became aware of your injury or the date you established that the negligence of a third party caused your injury.

For example, your doctor may declare that your hearing loss was caused due to being exposed to loud noise at work. This diagnosis may occur years down the line after your hearing was affected. However, you would have three years from the date you were diagnosed to start your hearing loss claim for deafness compensation.

If you are unsure whether you are still within your time limit to claim, speak to an advisor and they can clarify. If they think your case has a good chance of success, they can put you in touch with one of our personal injury solicitors to assist you with making a loss of hearing claim for deafness compensation.

My Hearing Loss Was Diagnosed Almost Three Years Ago, Could I Still Claim?

If your limitation date is nearly three years ago, then there is no time to lose. You can still make a claim but with little time left, investigations must be expedited.

Contact Legal Expert immediately to begin your hearing loss compensation claim. Failing to do so means you may lose the right to claim compensation.

What Is The Time Limit For Accident Claims For Children?

What is the time limit for accident claims for children? In personal injury law, a child may claim compensation for themselves once they reach 18.

The medical negligence claim time limit begins on their 18th birthday and ends three years later on their 21st birthday. Alternatively, a parent or guardian may claim on behalf of the child before they reach 18.

However, noise-induced hearing loss is less likely to affect children than working-age adults.

Can I Still Claim For Hearing Loss After 3 Years?

Clients sometimes ask us, “When can I claim for an accident after three years?” There are sometimes exceptions to the personal injury claims time limits rules. As we have stated, children have three years after their 18th birthday to begin their claim.

If you suffer an injury abroad,  even if their personal injury time limits exceed three years, these rules will still apply.

Other people ask, “How long after losing my hearing can I sue?” If they were detained under the Mental Health Act of 1983 at the time. In this case, the hearing loss claim time limit will begin the day they were discharged.

Make A No Win No Fee Hearing Loss Claim

Before you begin your industrial deafness claims procedure, you may wish to consider making a No Win No Fee claim.

This means that there is nothing to pay unless your personal injury solicitor wins your claim. Contact us today, and we can advise you about the benefits of a No Win No Fee claim.

Why Work With Legal Expert?

If you wish to claim loss of hearing compensation, our solicitors at Legal Expert could assist you. Our team of legal specialists have experience managing claims similar to yours and could help you receive compensation.

Our team specialises in various types of injuries. These include industrial deafness, so we could help you if you’re claiming for hearing loss.

Note, too, that our compensation experts could provide a valuation on what you could receive if your claim wins. This is based on the circumstances of the accident, the severity of your injury and its impact on your life.

As we provide a nationwide service, we can help you no matter where you’re based. To contact Legal Expert about making a compensation claim, there are three ways:

Useful Resources

In addition, we have other guides on our site which may be relevant to you. You can also find information on other services where you could get help. And remember that you can contact us at any time to learn more about how to claim.

Industrial Deafness Claims – How Much Compensation Can I Claim?

A Guide To Tinnitus Accident Claims – How Much Compensation Can I Claim?

Personal Injury Compensation Time Limit – General time limits explained.

Accident On Hearing Loss’s website

An NHS Guide To Hearing Loss

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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