If you have sustained noise induced deafness as a result of your employment you could be entitled to claim for pain, suffering and loss of amenity (known as general damages) and your financial losses (known as special damages) arising as a result of the accident.
The Control of Noise at Work Regulations 2005 require employers to provide health surveillance for workers who are regularly exposed to noise above the upper exposure action value of 85 dB(A).
If your employers have failed to do this and it has resulted in you sustaining noise induced deafness your employers may be liable. Even if your employers have carried out the surveillance, if they have determined that you are exposed to more than 85 dB(A) but have failed to address this then your employers could still be liable.
Other workers may also need health surveillance if they are particularly sensitive to noise. Sensitivity may be indicated by audiometry results from previous jobs, medical history, a history of exposure to noise above 85 dB(A), or in a very few cases, a family history of deafness in early life.In construction it is common for hearing checks to be done on site. These checks help to identify potential hearing problems which can be referred for a more detailed investigation. However, the hearing checks are unlikely to constitute audiometric testing unless:· workers who are exposed to noisy plant and processes have sufficient time for their hearing to adjust before it is checked; and· the measurements are done in a proper acoustic booth.
If we are satisfied your claim possesses reasonable prospects of success, we will proceed with your claim under a Conditional Fee Agreement.
Financial losses can include the following:
- Cost of private medical treatment;
- Gratuitous care (provided by your friends and family);
- Travelling expenses ie petrol and taxi fares;
- Past and future loss of earnings;
- Claim for your disadvantage on the open labour market if you are likely to be disadvantaged when applying for an alternative job.
We can see you at home, in hospital or at our local office on 100 New Walk, Leicester, LE1 7EA.
We will arrange for you to be examined by one of our suitably qualified medical experts. If you have sustained soft tissue injuries then an independent General Practitioner’s report may be sufficient. If you have experienced psychological symptoms as a result of the accident such as flashbacks, sleeplessness and panic attacks, then we may also recommend that a report be obtained from a Consultant Psychiatrist.
Any treatment the medical experts recommend can proceed on a private basis and will be funded by the other party’s insurers, provided they are satisfied the treatment is necessary.
Once you have made a full recovery we will proceed to settle your claim. If liability still remains in issue, we will consider the prospects of the claim succeeding. If we are satisfied that the prospects of your claim are reasonable we will recommend that Court proceedings are issued. Very rarely do claims proceed to trial as a settlement is usually agreed once Court proceedings are issued before the matter reaches trial.
Providing we are satisfied that your claim possesses reasonable prospects of success, we will proceed with your claim under a Conditional Fee Agreement (no win no fee).
We will recover your compensation and our costs from the other party’s insurers.
LEGAL EXPENSE INSURANCE
You do not have any liability to pay the other party’s costs if you lose until Court Proceedings are issued. You have 3 years from the date of the accident to settle your claim before Court Proceedings have to be issued (minors have until their 21st birthday) . Most claims will resolve within this period, however, if it is necessary to issue Court Proceedings due to this period expiring or due to the fact the insurers are disputing liability we will ensure you have legal expense insurance to cover your opponents’ costs.
You may have the benefit of this cover on an existing insurance policy, however, if not we can arrange this on your behalf at no cost to yourself. This means if you proceeded to Trial and lost your case you would not have any costs to pay.