The Time Limit To Make An Industrial Deafness Claim
The time limit to make an industrial deafness claim cannot be overlooked!! Delay too long and you will not be able to make a claim. Other important factors include – how long ago your noise exposure at work took place, the type of industry you worked in and the noise levels you were exposed to.
- The Time Limit To Make An Industrial Deafness Claim
- How long ago was your exposure to excessive noise at work?
- Summary Of Time Period To Claim For Industrial Deafness
How long ago was your exposure to excessive noise at work?
How far back your exposure to noise at work can go before it is too late to make an industrial deafness claim depends on a few factors.
When did employers know that loud noise could cause hearing damage?
Your exposure to noise at work claims can only go back to when it was first known by employers that excessive noise at work could cause hearing damage to workers.
Noise exposure from 1963
The date generally recognised is 1963. Exposure to excessive noise prior to 1963 cannot give rise to a claim for industrial deafness compensation. However, exposure to excessive noise after 1963 could give rise to compensation.
The time of first knowledge will depend on the type of industry you worked in. For example:
Mines, steelworks, weaving / spinning and heavy engineering
If you worked in the mining industry (coal miners or other form of miners – both underground and surface workers); in a steelworks factory (using for example grinding machines); in a weaving or spinning factory (operating weaving and spinning machines) or in heavy engineering (engineering of cars, generators, etc.) – it is likely you could make a successful claim for noise induced hearing loss.
Other loud employment – building sites and HGV drivers
Industrial deafness claims can be made for excessive noise exposure from 1970 in other types of employ, such as: building site workers and HGV drivers.
What are the noise levels that allow an industrial deafness claim to be made?
Presumed knowledge of noise levels changed over the years
The presumed knowledge by employers of the noise levels that can cause you hearing damage has changed as time has gone by.
90 Decibels down to 80 Decibels
From 1963 the requisite noise level believed to cause industrial deafness was 90DB (90 Decibels) or above; from 1990 – 2005 the requisite noise levels dropped to 85DB and from 2005 the noise level threshold fell still further to 80DB.
What is the time limit to make an industrial deafness claim?
If you were exposed to excessive noise in the requisite time periods – there exists a statutory limitation period to make a claim.
Three years to make a claim
For personal injury and industrial deafness generally – you have three years to commence a claim for compensation at court. This runs from the date that your employer’s negligent noise exposure caused you injury (technically the date your cause of action accrued) or the date of knowledge of injury.
Date of knowledge of injury
Typically – if you are suffering from noise induced hearing loss, you will not realize until many years later by which time you may associate hearing loss symptoms with old age.
Reasonable knowledge of hearing loss from noise exposure
The three years therefore starts to run from the date it could be presumed that a reasonable man (or woman) would have knowledge that hearing problems related to noise exposure from a past or present employer.
Watch out!! The reasonable man’s knowledge is a stricter test than your actual knowledge. In other words – you may not have actually known you had hearing loss from noise exposure, but it could still be presumed that you should have had knowledge.
Earliest and latest dates of knowledge
Knowledge can be as early as when you first started to experience symptoms.
The latest date for knowledge is typically when you sort medical assistance and were referred by your GP for a hearing test. The hearing test results would show hearing loss form noise and that from age.
Be aware!! It is becoming less and less common that the last date for commencement of the three year time period for your noise induced hearing loss / industrial deafness claim, is the date you sought medical treatment or you had your hearing test. In more recent times – knowledge is construed as being earlier than this date
Hearing test audiogram
The results of the hearing test are plotted out in a diagram, known as an audiogram. See our noise induced hearing loss audiogram article for more details.
Claim is statute barred
When the three year period expires – your claim is known as being statute barred.
In other words – the Statute Of Limitations Act 1980 (UK law setting out time limits to commence a claim) has barred you from commencing your claim.
| You May Still Be Entitled To Payments |
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| There may still be a way to claim if you are out of time to claim against your employer. For example – if you were exposed to noise in the Armed Forces. You may be entitled to compensation via the Armed Forces Compensation Scheme. Schemes often have a different time period to make a claim. Another examples – is an industrial injury. You may be entitled to some benefit payments and lump sum payments via the government, such as industrial injury disablement benefit. |
Exceptions to the usual three year period
We have described some of the exceptions to the usual interpretation of the three year limitation period in another of our articles.
What should you do if you suspect you are suffering from noise induced hearing loss?
You will need to speak to a specialist industrial deafness and noise induced hearing loss solicitor to help determine whether you are within the correct time limit to claim compensation for your hearing loss from exposure to excessive noise at work.
Summary Of Time Period To Claim For Industrial Deafness
In this article – we have set out how long ago you can have been exposed to noise at work to still have a valid industrial deafness claim; the changing noise levels that your employer must have protected you from throughout the years; how the statutory time period of date of knowledge of noise induced hearing loss is calculated; what to do if you suspect you have damaged hearing from exposure to excessive noise – with access to a free online specialist solicitor help facility.
Free Specialist Solicitor Online / Telephone Legal Help
We offer a number of free legal help options. You can phone our solicitors direct (or arrange a callback at a convenient time), have your potential claim assessed online, ask a question.
