Can Former BT Engineers Claim Compensation for Hearing Loss Caused by Oscillators at Work?

Former British Telecom (BT) engineers frequently ask whether they can claim compensation for hearing loss or tinnitus caused by prolonged exposure to oscillator noise while working.

This article explains when BT hearing loss claims may succeed, how legal liability is established for industrial deafness, what medical and employment evidence is required, and how long the law allows you to bring a claim from the date your hearing damage is diagnosed.

BT Engineer’s Work History, Noise Exposure & Question

Employment History and Nature of the Work

I worked in the past for BT as a telephone engineer. As part of my job – I was required to test phone lines for both domestic and business customers when the telephone line was not working correctly, which might be that the line is not working at all or has excessive interference and crackling.

To do this I attend at the customer’s premises and use a device known as an oscillator. This oscillator device is connected to the phone line at the customer’s premises and produces a loud noise. I then go to the junction box – located on a local street where all the phone lines for that area are sectioned from.

I then listen using headphones at the junction box to locate the sound and hence the line. A set of headphones is used – typically having the headphone to the right ear.

Noise Exposure From BT Oscillators

The noise produced by the oscillator is extremely loud. 15 years or so ago – BT had an oscillator, which workers knew as a yellow oscillator. This had replaced a green oscillator. BT engineers used these yellow oscillators for many years – until BT introduced a much quieter oscillator known as the blue oscillator or 87J oscillator.

Onset of Hearing Problems and Symptoms

In the last year – I have struggled to hear what is being said in social situations, especially when I am out with friends and there is background noise. I have struggled to locate the direction of sounds. Family members have complained that I miss people at the door, the phone ringing and I have the TV turned up too loud.

I have also noticed a loud buzzing sound in my right ear, which initially came and went – but is now continuous. It is particularly troublesome at nights. I can be woken by the buzzing sound in the early mornings and cannot get back to sleep.

Medical Investigation and Diagnosis

I went to see my GP early this year about the buzzing sound and the GP sent me to an NHS hospital to have my hearing tested.

At hospital I saw an audiologist who tested my hearing in a booth. The audiologist passed the hearing test to an ENT doctor at the hospital who explained that I had a significant hearing loss in my right ear and the buzzing sound was a condition known as tinnitus.

I was told that both conditions would not improve and that the hearing test audiogram suggested my hearing loss was due to excessive continuous noise exposure. The doctor asked me about my work and I explained about British Telecom’s yellow oscillator.

I was told that as I was using this day in day out, and the head phones operated to expose my right ear to the noise and not my left, it was likely that this was the cause of the hearing loss.

Timing of Knowledge of Injury

The noise exposure that took place was over 15 years ago. However, I have only earlier this year found out about the damage done to my hearing. I was never given any warning about the dangers of noise by my employer. I had no option, but to use the yellow oscillator equipment provided.

Is it possible to make a claim against British Telecom despite the fact that my noise exposure took place many years ago?

Legal Assessment of the BT Hearing Loss Claim

There are a few considerations that must be taken into account to determine if you can make a claim for compensation.

Was your noise exposure excessive given the state of knowledge at the time?

An employer is responsible for defective work equipment or equipment that produces excessive noise.

How Employers’ Knowledge Is Assessed Over Time

Knowledge of what is excessive has changed over time and an employer can only be held liable for noise levels known to be too high at the time of noise exposure.

Noise Levels From BT Green and Yellow Oscillators

Both the BT green and the yellow oscillator have been shown in the past to produce excessive noise and cause hearing damage to workers.

Role of Independent Engineering Evidence

If BT did not accept this assertion – your solicitor would instruct an independent engineering expert who would look at the records held by BT for the particular oscillator used at the time of your exposure. From this information – it could be determined what the noise levels you would have been exposed to at the time and if those noise levels were considered excessive.

On this basis – it seems that there could be merit in a potential claim against BT on the issue of legal fault or liability.

Our industrial deafness claim article explains in more detail how to prove liability for noise induced hearing loss claims.

Can that noise exposure be proven to have caused hearing damage?

As you have described – your hearing test was completed at hospital by an audiologist and the results interpreted by an ENT (Ear Nose And Throat consultant).

Hospital Hearing Test Results and Audiogram Evidence

The hearing test results are typically plotted out in a graph known as an audiogram. The shape of the audiogram can determine if the hearing loss came from noise or from other causes, such as age.

Click hearing loss audiogram to see a detailed article explaining how the audiogram can show noise induced hearing loss.

ENT Interpretation of Audiogram Results

The opinion expressed to you by the ENT suggested you experienced hearing damage from exposure to the excessive oscillator noise whilst working for BT.

Although, information is very helpful, but an extra step is necessary to prove that the noise actually caused hearing loss.

Role of an Independent Medical Expert

As part of a claim you would be sent by your solicitor to see an independent medical expert who would conduct a further hearing test in the correct conditions and produce a report. This report would establish for the court if hearing damage can be proven to be caused by the oscillator noise.

The hearing loss would need to be at the correct frequency to match that of the oscillator. The past and new hearing tests would need to be shown as consistent with each other. In other words – both demonstrating noise induced hearing loss and tinnitus.

Are you still within the time limit to make a claim?

All types of personal injury claim are subject to statutory limitation periods, which generally allow you three years from the date of injury or knowledge of injury to commence a claim at court before it is too late to claim.

Noise induced hearing loss is classed as an industrial injury and although hearing loss occurs at the time of exposure to the noise – workers typically do not experience symptoms until many years later.

This is because, in addition to hearing loss from noise – we all experience hearing loss from age and other causes. Only when the hearing loss has dropped to a low enough combined level would you start to exhibit the symptoms as you have described – the sound in your ear (tinnitus), others noticing that the TV is too high and struggling to hear when there is background noise.

These symptoms all occurred in the last year and you then logically sought medical attention.

Therefore – knowledge of injury may run from when you first sought medical attention and at the latest when you were first given the results at the hospital.

However, sometimes the law can presume that it was reasonable to have knowledge at an earlier time. For example – the independent medical expert would examine your GP notes to ensure that no hearing problems were reported to your doctor in the past.

Next Steps for BT Hearing Loss Claims

Noise induced hearing loss claims are notoriously difficult to properly assess. Therefore, this is best done by having a discussion with a specialist solicitor.

Our solicitors are happy to speak to you in person. You may wish to discuss your noise exposure in more detail, ask a question or have an explanation of the process of BT hearing loss claims.

Access our specialist solicitor free help options to call a solicitor direct or receive online assistance.