Partial deafness and Tinnitus compensation
By Lewis Houston. Last Updated 29th November 2022. Have you suffered partial deafness or tinnitus in an accident for which you weren’t responsible? Maybe this developed due to an occupation you did when you were younger and it has developed over time. Could have your hearing loss been avoided had the right health and safety legislation been followed. If this applies to you, then you could receive legal advice about filing a compensation claim. This guide breaks down the claims process and the key elements that you need to know. We’re also covering a template case study of a £22,000 payout for damage to the senses due tinnitus and hearing loss compensation.
Find out more by clicking the headings below, or by getting in contact with Public Interest Lawyers. We’re available to talk to you 24 hours a day, 7 days a week. And we could handle your claim for compensation. Please telephone 0800 408 7825, fill in our contact form, or use the Live Chat function.
Choose A Section
- A Guide To Calculate Compensation For Partial Deafness And Tinnitus
- Partial Deafness Vs Tinnitus
- Victims Could Lose Out Financially
- Common Hearing Loss Accidents
- Experienced Settlement Calculations
- What Care Claims Apply To Hearing Loss?
- Case Study: £22,000 Compensation For Partial Deafness And Tinnitus
- Free Specialist Estimates
- No Win No Fee Hearing Loss Claims
- Your Case Could Use The Best Personal Injury Solicitors
- Chat With Our Experts
- Extra Guidance
A Guide To Calculate Compensation For Partial Deafness And Tinnitus
We’re covering compensation calculators, care claims and No Win No Fee agreements in this guide. Before we explain deafness and tinnitus compensation awards, though, let us briefly touch upon the personal injury claims time limit. This means you’ve got 3 years to claim after being hurt or learning of your diagosis. When it comes to a child or a victim who lacks the mental capability to claim, a third party or an appointed representative could process the claim on their behalf as a litigation friend. Find out more about the personal injury claims time limit by speaking to our helpful advisors anytime.
Claiming Hearing Loss Compensation and Tinnitus Compensation – What Is The Date Of Knowledge?
The exception we had talked about above of claiming from the date of a diagnosis is known as the ‘date of knowledge’.
If you are making a claim for hearing loss compensation or tinnitus, the date of knowledge could be the date that you were told that you have developed tinnitus and that this was caused by working in, or being exposed to, a noisy environment.
If you are not diagnosed with tinnitus or noise-induced hearing loss until after three years has passed, you could potentially claim three years from the date of your diagnosis for tinnitus. Your compensation should take into account the suffering you experienced pre-diagnosis.
If you would like to learn more about hearing loss claims or the average payout for tinnitus and other similar hearing loss injuries, please reach out to our advisors.
Partial Deafness Vs Tinnitus
There is a difference between partial deafness and tinnitus. Partial deafness is when you suffer a loss of hearing to some degree in your ears. Typical symptoms include being unable to hear what others are saying, frequently requiring repetition of words or loudly listening to music or television. And it could be the result of a build-up of earwax, an infection or a sudden force of damage from an unusually loud noise, such as a bang. Many would have their full hearing return within weeks, though in serious cases, a hearing aid may be needed.
Tinnitus refers to sounds and noises from inside the ear and not from the outside world. They could include buzzing, ringing, whooshing, humming or throbbing. Stress can be a cause of this, whereby you hyper-focus on the sounds, as well as diabetes and depression. Hearing loss itself could even be the trigger, especially if it again comes after an unexpected loud noise. Find out more about deafness and tinnitus compensation awards based on how the conditions develop by calling us today.
Victims Could Lose Out Financially
You could inadvertently build up financial losses as a result of you being injured. Medication and related costs are one possibility because you could find yourself requiring treatment for some time. Then there are the potential costs from lost earnings during your time off work. This could also include any bonuses you’ve missed out on while being unable to perform work tasks. And then we have public transport usage if you’re unable to drive while your ears are causing tremendous pain. Thankfully, each of these examples could count towards your tinnitus compensation award. Learn more about areas of financial loss by using our 24/7 Live Chat.
Common Hearing Loss Accidents
To claim negligence, you would have to meet the following 3 criteria:
- Firstly, a third party owed you a duty of care;
- Secondly, this duty of care was somehow breached;
- And thirdly, you suffered an injury such as partial deafness and tinnitus as a result.
Employer’s liability (EL), which makes an employer liable for injuries caused by their negligence. This is a key element of the Health and Safety at Work etc. Act 1974. Quite a few industries are very noisy and employees are required to wear ear defenders to help reduce that amount of noise they hear. If an employer failed to provide such protective equipment it could be considered a breach of the duty of care. And if deafness or tinnitus is one of multiple injuries, then you would have the grounds to file a multiple injury claim.
Public liability relates to occupiers being liable for the safety of those who use their premises under the Occupiers’ Liability Act 1957. Concerts are very often loud and can cause ringing in the ears afterwards it is vital that those responsible for managing concerts do not allow the sound to go above what is recommended.
The Highway Code is there as a set of rules that those who use the road must follow, it technically applies a duty of care to road users. A collision or crash could result in ear damage and therefore possibly loss of hearing. And this could then bring on either partial deafness or tinnitus as a result. All of these scenarios could result in you claiming for and potentially receiving a partial deafness and tinnitus compensation award. Get in touch with our specialists anytime for further details.
Experienced Settlement Calculations
Compensation for tinnitus or hearing loss may be divided into two heads of claim:
- General damages
- Special damages
General damages focus on the pain and suffering caused by your injuries, as well as any loss of amenity they may have caused. Loss of amenity means you are unable to participate in activities you normally would. For example, if you suffer from tinnitus, you may not be able to go to concerts anymore.
Special damages relate to any financial loss or harm that you have experienced as a result of your accident or injuries. For example, you might have to pay for hearing aids after suffering hearing loss. You would need evidence of your losses, such as receipts or payslips, to successfully claim special damages.
If you are claiming for tinnitus, speak to our advisors at any time for free legal advice. They could discuss topics such as how a tinnitus compensation calculator could work or potentially give you an estimate of your claim.
What Care Claims Apply To Hearing Loss?
A care claim could form part of the special damages that would make up some of your potential payout. This specifically relates to any assistance you receive in the aftermath of you suffering your injury. So, this could include the gracious care of relatives and friends, as well as you hiring a nurse to look after you. And it may cover you paying for a professional to handle the likes of cleaning, dog-walking and babysitting. Any of this care could form part of your deafness and tinnitus compensation award. Speak to our helpful team to learn more about care claims.
Case Study: £22,000 Compensation For Partial Deafness And Tinnitus
Mr Stevens, 37, was employed as a construction worker, a role he had held for many years. One particular day, he was assigned to assist his colleagues for the building of a new school. Normally, construction workers would be given suitable personal protective equipment to keep their eyes and ears safe. However, on this occasion, the earmuffs which Mr Stevens was given weren’t sufficient due to wear and tear. He was unaware of this, though, until it was too late.
Mr Stevens spent an entire week working on the site, where the volume of noise exceeded harmful levels. But as he didn’t realise that the earmuffs weren’t suitable, it was only when the week was over that he began to suffer the damage stemming from this.
That weekend, Mr Stevens began to complain of a permanent ringing sound in his ears. What’s more, he was finding it very difficult to hear his wife and children unless they shouted to him. Initially, Mr Stevens just assumed that he was suffering from earache. At worst, he thought that it may have been a build-up of earwax.
But during the following days when he returned to the site, Mr Stevens began to suffer severe ear pain. Also, he still couldn’t hear properly, and the ringing sound was only getting worse. Mr Stevens went to his local hospital, where he received some terrible news. He was diagnosed with partial hearing loss and tinnitus, both of which stemmed from the poor PPE.
At this stage, though, Mr Stevens was furious with his employers for placing him in danger by supplying him with substandard PPE. He felt that both his partial deafness and tinnitus were completely avoidable, and brought about due to the faulty earmuffs. As a result, Mr Stevens had suffered great pain, with his hearing having suffered permanent damage. And who knew if he could potentially have a recurrence in the future on another building site?
After seeking legal advice, Mr Stevens learned that his employers had breached a duty of care that they owed to him via the Health and Safety at Work etc. Act 1974. As a result, he filed a claim against his employers. Mr Stevens received £22,000 as an out-of-court partial deafness and tinnitus compensation award. This included £20,000 in general damages and £2,000 in special damages.
| Type Of Special Damages | Includes: | How Much? |
|---|---|---|
| Lost Earnings | Costs of being unable to work on a construction site for 4 weeks | £1,500 |
| Transport Costs | Costs of using public transport for hospital visits | £100 |
| Other Costs | Additional costs stemming from his injuries | £400 |
The case of Mr Stevens is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
Hearing Loss and Tinnitus Compensation Calculator
You may be wanting more information about the amount of tinnitus compensation you could receive following a successful claim. As previously mentioned, one of the heads of claim when seeking compensation for personal injury is general damages. The amount you receive for this depends on factors including your recovery plan, the extent of your injury and if any permanent health issues have been caused.
The information below, supplied by the Judicial College Guidelines (JCG), could provide you with a guide of what you could receive from a tinnitus claim. The guidelines include compensation brackets for various injuries at differing levels of severity.
The figures below are taken from the most recent guidelines, published in April 2022. Please remember that these figures are not guarantees. There are many aspects to a tinnitus claim that could result in you receiving a different amount of compensation to the below figures.
| Type of Injury | Category | Bracket of Compensation | Description |
|---|---|---|---|
| Tinnitus and/or Partial Hearing Loss | (d) (i) | £29,710 to £45,540 | This compensation bracket would be for severe tinnitus and NIHL (noise-induced hearing loss). |
| Tinnitus and/or Partial Hearing Loss | (d) (ii) | £14,900 to £29,710 | This bracket includes NIHL and tinnitus that is moderate in nature or tinnitus that is moderate to severe or NIHL alone. |
| Tinnitus and/or Partial Hearing Loss | (d) (iii) | £12,590 to £14,900 | Tinnitus that is mild in nature with some NIHL. |
| Tinnitus and/or Partial Hearing Loss | (d) (v) | £7,360 to £12,590 | Tinnitus that is slight or occasional with slight NIHL. |
| Tinnitus and/or Partial Hearing Loss | (d) (iv) | Around £11,720 | Mild NIHL alone or mild tinnitus only. |
| Tinnitus and/or Partial Hearing Loss | (d) (vi) | Up to £7,010 | Slight tinnitus with no NIHL or slight NIHL with no tinnitus. |
To learn more about the claims process, please contact us for free legal advice using the details above. We can provide you with a compensation estimate and inform you quickly and easily if you’re eligible to receive tinnitus compensation.
Free Specialist Estimates
A specialist estimate is available to anyone wishing to make a claim for a deafness or tinnitus compensation award. This would be based on the specific nature of your particular injury, and the impact on your life. We recognise that every victim can be affected in various manners by a particular break or tear. And that’s why we don’t base our estimates on an online personal injury claims calculator. Instead, we focus on the injury as it relates to your exact situation, and we build a payout estimate from there. Learn more by using the Live Chat feature which is at the bottom of this page.
No Win No Fee Hearing Loss Claims
No Win No Fee agreements provide reassurance to clients that they only pay the legal costs for their personal injury solicitor if their case wins. That means there’s no up-front charge, nor would the claimant be charged by their personal injury solicitor during the case itself. And if the case doesn’t succeed? Then, the solicitor doesn’t receive anything whatsoever from the victim.
Now, if the case does succeed, then the solicitor takes a nominal fee, known as a success fee, which is capped by law. But as far as your No Win No Fee solicitor is concerned, payment is dependent on the claim succeeding. Find out more about No Win No Fee agreements for your tinnitus compensation award by calling us today.
Your Case Could Use The Best Personal Injury Solicitors
Now, if your case is going to win, then you need to use the best suited personal injury lawyer possible for your case.
We can take all the pressure out of looking for a personal injury solicitor for your case as we could connect you to our panel of No Win No Fee solicitors. They provide many years of expertise, along with specialities relating to personal injury claims. In addition, they have a well-proven track record of success and many positive client reviews. Find out how they could handle your case for a tinnitus compensation award by getting in touch.
Chat With Our Experts
We now want to help you to achieve a deafness or tinnitus compensation award. To do so, you could contact our team, at which point we can build your case. You can speak to us by either calling 0800 408 7825, using the Live Chat option, or completing our contact form. You wouldn’t be obliged to pursue your claim once you spoke to us, and we’re available 24 hours a day and 7 days a week.
Tinnitus Compensation FAQ’s
What is the average payout for hearing loss?
There is no set figure that’s awarded for hearing loss. Certain factors such as the extent of the hearing loss and whether or not tinnitus symptoms are present must be taken into account before an appropriate value can be calculated.
Because of the considerations that must be accounted for, the value of each claim will therefore vary. Get in touch today for a bespoke calculation.
Will a hearing loss compensation calculator help me?
Whilst online resources such as these can help give you a rough idea as to the value of your claim, they are unlikely to account for all circumstances that can affect the value of your compensation. For example, an online calculator may not take into account special damages such as a loss of earnings or medical expenses.
It’s always best to speak to someone directly if you want to know how much compensation you could be owed.
Can you claim tinnitus compensation awards without also suffering hearing loss?
Yes, it is possible. If someone else’s negligence has caused you to experience tinnitus, then this may be a legitimate claim. You do not also need to have sustained hearing loss.
Extra Guidance
Thank you for reading our guide on partial deafness and tinnitus compensation awards. You can learn more about this topic by using the links that we have below.
Click here to read all about Public Interest Lawyers.
You can click here to read about public park accidents.
And to find out about making a public liability claim, click here.
To read the NHS’ guidance on deafness, click here.
Click here to read the NHS’ guidance on tinnitus.
Finally, click here to read about how to treat ear injuries.
Article by AR
Publisher EC.