Industrial Deafness Claim Time Limit: How long you have to make a claim following exposure to excessive noise in the workplace
Industrial deafness claim time limit: UK solicitor sets 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.
How far back can your exposure to noise at work go before it is too late to make an industrial deafness claim?
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.
The date generally recognised is 1963. Exposure to excessive noise prior to 1963 cannot give rise to a claim for industrial deafness compensation, but exposure to excessive noise after 1963 could give rise to compensation depending on the type of industry in which you worked.
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.
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 which you need to be exposed to make an industrial deafness claim
The presumed knowledge by employers of the noise levels that can cause you hearing damage has changed as time has gone by.
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.
If you were exposed to excessive noise in the requisite time periods what is the time limit to make an industrial deafness claim?
For personal injury and industrial deafness generally – you have three years from date of injury or date of knowledge of injury to commence a claim for compensation at court.
Typically – if you are suffering from noise induced hearing loss you will not realize until many years later by which time you will associate hearing loss symptoms with old age.
The three years therefore starts to run from the date it was reasonable for you to have knowledge that your hearing problems related to noise exposure from a past or present employer.
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.
Often – the last date for commencement of the three year time period for your hearing loss industrial deafness claim is the date you sought medical treatment or you had your hearing test.
To see the page I have written setting out a description of the hearing test click noise induced hearing loss audiogram.
When the three year period expires – your claim is known as being statute barred. In other works the Statute Of Limitations Act 1980 (UK law setting out time limits to commence a claim) has barred you from commencing your claim.
What should you do if you suspect you are suffering from noise induced hearing loss and you are uncertain as to whether you are within the requisite time to make an industrial deafness claim?
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.
Free specialist solicitor online legal help with determining the time limit for making an industrial deafness claim
Finding an experienced specialist industrial deafness solicitor can be difficult and finding one you can speak to free of charge about your noise exposure and potential noise induced hearing loss claim even more so.
To speak to me in person free of charge; have your industrial deafness claim time limit assessed online or to commence a noise induced hearing loss claim with specialist solicitors click noise induced hearing loss solicitor.