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Industrial deafness is a common form of industrial disease. It is considered in the Workers Rehabilitation and Compensation Act 1988 and defined as 'the permanent loss of hearing caused by exposure to industrial noise in a worker's employment'. Excessive noise in the workplace can even lead to tinnitus. Tinnitus is the name given to the condition of noises 'in the ears' and/or 'in the head' with no external source. Tinnitus noises are described variously as ringing, whistling, buzzing and humming. Workers particularly at risk of industrial deafness are usually those in heavy productive industry, such as metal work, drilling and quarrying, stone cutting, or the use of noisy machinery, as in textiles, printing, wood cutting, transportation and agriculture.
Hearing loss caused by exposure to noise at work continues to be a significant occupational disease. Recent research estimates that 170,000 people in the UK suffer deafness, tinnitus or other ear conditions as a result of exposure to excessive noise at work.
Noise levels (given in decibel units) and how long people are exposed to the noise, daily over a number of years, are both contributing factors to hearing damage.
Employers have a legal duty to protect the hearing of their employees from excessive noise levels. Damage to hearing from exposure to loud noise at work is preventable. If people need to shout or have difficulty being heard by someone about 2 metres away there may be a noise problem.
Extraction energy, water supply, and manufacturing and construction were the industries with the highest average annual incidence rates of new cases qualifying for benefit according to the Health and Safety Executive.
It is the experience of the Association of Noise Consultants that criteria contained in the Noise at Work Regulations are quite often misunderstood by both workers and management. It is often not taken into account the accumulated daily noise exposure. While the daily personal noise exposure level is strongly dependent on noise level, it also takes into account the amount of time spent in a noisy area.
Where an employee works in a pre-defined region that contains a relatively steady noise level, all day and every day, their noise exposure level may be easily quantified. It is more difficult to establish the noise exposure for employees that move from one noise environment to another. For this reason two practical noise monitoring mechanisms have evolved in order to assess whether employees are at risk.
How can Fentons help?
Fentons have a specialist Industrial Deafness department with solicitors experienced in handling claims for most forms of Industrial Deafness cases.
If you think that you have a case or require further information contact Fentons on 0800 0191297 or fill in the online claims questionnaire.
If you think you have a case or require further assistance why not fill in the claims questionnaire.
