Miner Industrial Deafness Tinnitus Claim: Legal Aid Employer Ceased Trading

UK industrial deafness solicitor explains how to claim compensation for noise induced hearing loss / tinnitus from work in mines including Rossington, Doncaster, Yorkshire; how to claim even if an employer has ceased trading; how to prove your employer is at fault and how long you have to claim when noise exposure took place many years ago

Noise induced hearing loss victim question

I worked down the mines in Rossington in Doncaster, South Yorkshire. I stopped working 15 years ago and I believe my employer has ceased to trade.

I went to see an ENT at my local hospital two months ago as I suffered with ear problems and I am now almost deaf in one ear. The ENT confirmed I had lost most of my hearing which is worst in my right ear. I also have constant ringing in my right ear which started a couple of years ago. The ENT indicated that I have noise induced hearing loss and tinnitus.

Can I claim industrial deafness compensation as the work place was a noisy environment and no hearing protection was provided?
How can I prove it was my former employer’s fault?

Can I still claim despite the fact that I stopped work such a long time ago and my employer is no longer trading?

I am in receipt of income support – would I be eligible for legal aid?

Industrial deafness solicitor response

To answer your questions in turn:

1. From the description you have given it appears that you were exposed to excessive noise in the workplace without hearing protection. An ENT has confirmed that you have noised induced hearing loss and tinnitus.

From this information it would seem that you have a potential claim against your former employers.

2. A specialist industrial disease solicitor will be responsible for proving your claim – your employer should have kept documentation in noise surveys relating to noise levels. If such documentation is not available engineering evidence can be obtained for the type of machinery used in the mines to establish the likely noise levels.

Your employer should have provided suitable hearing protection, produced risk assessments of the dangers of high noise levels and warned employees appropriately. Your solicitor can request sight of documentation from your former employer proving that these obligations were fulfilled and if none is available it is to be presumed that no hearing protection, risk assessments etc. had been completed.

3. You can still claim despite the fact that your employer is no longer trading as your employer will have had worker liability insurance. Your solicitor can trace this insurer who will be responsible to pay compensation if your former employer is proved liable for your injuries.
There is a time limit in claiming compensation, which is three years from the date of injury or the date of knowledge of injury. It does not matter how long ago your exposure took place, but when you knew you had suffered injury and that injury came from the work environment. From your description it seems that you only found out you had noise induced hearing loss and tinnitus when you were tested by the ENT a couple of months ago so it could be that the time period will commence on this date.

4. Legal aid is not available to make claims for industrial deafness or personal injury generally, but do not be concerned as there are other means of funding which will limit your exposure to legal costs, such as “no win no fee” and “legal protection cover” on household contents insurance.

Click industrial deafness / tinnitus compensation claim to arrange for a free call back with me in person to discuss your noise induced hearing loss or to commence your claim online.

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