This article aims to help you launch a personal injury claim for an accident in the workplace, in public, or on the roads that were not your fault. It will explain how a damage to senses claim could come about. In order to hold a valid claim for compensation, the responsible party must have owed you a duty of care. Therefore this duty of care will have been breached causing you an injury or illness.
This article will look at loss of hearing in a working environment. It will establish an employers duty of care. Looking closely at key legislation which could be used to support a claim for a workplace incident.
There is no law saying that you would need to use a personal injury solicitor for your compensation claim, however, they may prove vitally important when obtaining maximum damages for your case. We explain the advantages of using a No Win No Fee lawyer and conclude the article with advice on finding the right solicitor for your case.
Finally, we provide links to statistics and further information throughout the article to help your decision. However, if you’re ready to start a claim now or just want further details on anything discussed, please feel free to call us on 0800 408 7825 write to us at Public Interest Lawyers.
Select a Section
- A Guide To Calculate Compensation For Damage To Senses
- What Is Damage To Senses?
- Can Financial Loss Result From Damage To Senses?
- Accidents Causing Damage To Senses
- Get A Care Claim Today
- Expert Settlement Claim Calculations
- Case Study: £49,600 Compensation For Damage To Senses
- Our Free Claim Estimate
- No Win No Fee Damage To Senses Claims
- Use Top Personal Injury Lawyers
- Chat Today
- Further Advice
The starting point of all personal injury claims is to ask yourself three crucial questions:
- Who had the duty of care for my safety in that environment?
- How was that duty breached?
- Did that result in causing my injuries?
An important distinction is that personal injury claims can only be launched for injuries, not just the event of an accident. Therefore it’s important to record as many details as possible about what happened that day and why it happened. We explain the laws around duty of care which oblige employers, public operators, and other road users to be as safe as possible.
Our example case study explains the personal injury claims process. Sharing how damage to senses claim may be calculated. We demonstrate how online ‘compensation calculators’ can often fail to reflect the real value of your claim accurately. Also how when you use a No Win No Fee lawyer you stand a much greater chance of including all the impact costs of the injuries to your life.
This section shall explain where you may find that a duty of care has been applied to your health and well being. Those who have a responsibility for your safety must try to keep you as safe as reasonably possible.
- In the workplace – Employers Liability
- Public Places (Occupiers’ Liability)
- On the road (RTA’s)
Two laws and a set of guidelines seek to provide safety in these areas:
The Health And Safety At Work etc. Act 1974 is a key piece of legislation when it comes to safety in the working environment. Employers may provide training, maintenance, and information to create the safest possible work environment. If you had an accident at work that caused injuries, please read this link to see how to best report it. It could strengthen your claim.
The Occupiers’ Liability Act 1957 aims to enforce a similar duty of care in any accessible public places. Local authorities are included here, so any claim against the council would refer to this law. Parks, streets, common ground, libraries, leisure centres, shopping malls, schools and beaches are just some of the locations included. If your accident happened somewhere you’re not sure is included, please call our team for help.
The Highway Code is a set of guidelines for advice about using the roads as safely as possible. It asks that all drivers show a duty of care to each other, regardless of age and experience and that road users demonstrate a requisite standard of good driving. This guide includes the warning that some drivers may not show that desired level and others should anticipate that.
Our five senses work in unison to help us every minute of every single day. Damaging any of them may mean our lives come to a standstill. Blindness is perhaps the most life-altering compared with a loss of taste and smell injuries, and touch and hearing. However, all are crucial parts of bodily function. Any impairment to them may result in a life-changing experience.
If you suffered injuries that affected any of your senses, you are likely to be presented with some challenging recovery issues and whilst this is ongoing, your finances may suffer. If you cannot work or can no longer work at the job you had, you could notice an immediate negative impact on your ability to cope.
A No Win No Fee lawyer will show how by using special damages in your claim, it could be possible to reimburse all these out-of-pocket expenses from your defendant if your case is successful.
Government statics show that accidents in the workplace are very common. During 2019/20 there were 693,000 reported injuries at work. You can see a detailed breakdown of type and prevalence here.
Our example case study focuses on someone who was exposed to deafening noise and lost their hearing in one ear. However, any toxic substance, heavy impact, fall from a significant height, loud noise or bang on the head could result in damage to one or several of the senses. This would leave the victim with potentially life-long consequences.
Your damage to senses claim will hinge on a medical assessment which will attempt to trace the exact cause.
As you are recovering from your injuries or learn to adapt to the new disability, you may need help to perform the routine daily tasks you did before. Each set of circumstances will differ according to the damaged sense, with blindness being the most profound alteration to everyday life. You can read more about the sudden loss of hearing here. And further reading on the loss of taste here. But the accompanying ill health and shock could be the same whatever sense was injured.
Family and friends may offer support, and that cost can be reimbursed if hourly rate invoices can prove the time they spent caring for you. Alternatively, you may consider paying for a professional carer to come to your home. They can help you cook, clean, and wash as you adjust to your new circumstances. These costs can be very high, and if you have no choice, they could represent a severe financial crisis in addition to your injuries.
A No Win No Fee lawyer will advise on collecting and retaining the proof of all these costs incurred because of your injury, in the hope of having them reimbursed to you. When you take advice about your damage to senses claim, you significantly increase your chance of coping with this expense.
The medical assessment is an integral part of your damage to senses claim. It presents you with an opportunity to have your injuries validated by a professional. They can establish that the accident caused your loss of hearing, taste, touch, smell, or sight and this can be compelling evidence for your case.
Your injury lawyer could seek two heads of damages on your behalf. General damages are awards that attempt to quantify the pain and suffering your injuries have caused.
Special damages seek to reimburse the tangible financial losses the injuries have caused you. Your injury lawyer will be skilled at recognising all the financial impacts on you that can be proved and presented as evidence against the defendant. Things like loss of earnings, carer costs, adaptations to your home, remedial or counselling services, and travel expenses to the hospital could all be included as part of your damages.
The factory was a very noisy environment, and everyone who worked there complained to the management about machinery sound levels. Mr Black was used to it after so many years of being at the plant and tried his best to ignore it with ear-plugs. The employees were always provided with earplugs to help reduce the noise.
However over recent months, Mr Black had started to notice that his hearing was not what it used to be. He put it down to getting older. It had never occurred to him that he could be suffering from an industrial disease. The issue had got progressively worse the last couple of months so much so that his wife told him he must see the doctor. Mr Black was transferred to the hospital for some tests as the GP did not have the required equipment to complete the investigation.
It transpired that Mr Black had completely lost hearing in his right ear. A medical professional confirmed he had damaged the inside of his ear. Mr Black couldn’t get his head around it. His doctor suggested that the ear defenders provided had not been suitable enough to protect his hearing.
After speaking to a No Win No Fee Lawyer, he realised he had a strong case. The lawyer urged him to collect proof of all the hospital trips and time his wife had taken off work to help, as well as a reliable medical assessment that fully validated his claim of injury. After a briefcase, his employer’s admitted liability. He was successfully awarded the full amount his solicitor had valued – £49, 600. This settlement was for both special damages and general damages.
Many online No Win No Fee sites will offer on the spot settlement amounts using personal injury compensation calculators. These calculators often overlook the subtle details of your claim and can disappoint by under or over-valuing your case.
When you speak to a personal injury lawyer, they can listen to your experience and extract financial impacts that you may have thought were just part of your predicament or were costs that would be lost to you.
General damages Special damages
Mr. Black was awarded £40,000 for the
serious pain and suffering sudden deafness
in one ear caused him.
Loss of earning- £3,000
He required an expensive hearing aid - £3,000
Travel costs to hospitals - £100
He was unable to go on a planned holiday for his 50th birthday
and had cancellation charges - £3,500
Following your accident, there is a time limit of three years for launching a personal injury claim. However, there are exceptions. Especially for cases of industrial disease as the time limit will not start until date of knowledge. If you think you have a case for negligence in the workplace that caused you injury, or if you suffered as the result of an accident on the roads or in public, speak to our team today.
Many people are nervous about the idea of using a solicitor to sue their employer because of the cost. No Win No Fee arrangements are the perfect solution to this and offer many people access to legal help they wouldn’t have been able to afford. Other advantages include:
- No fees to pay the solicitor upfront
- There is nothing to pay your solicitor while the case is ongoing
- There is nothing to pay your solicitor if your case is unsuccessful
- If your case wins, there is a small fee to pay which is capped by law to keep it low – the bulk of the compensation goes to you
- You do not have to pay the success fee until the compensation has been awarded.
- You receive expert legal advice and support throughout your case
Moreover, when you use a personal injury solicitor, you give yourself the best possible chance to include all the impacts of your injuries fully. This will maximise your compensation for damage to senses claim.
If you have decided to launch your claim, you may be wondering what to do next. An internet search can generate a deluge of No Win No Fee companies offering their services, and whilst reviews can help, it may not narrow your search in a useful way. Therefore you should ask questions such as:
- How will this company value my claim?
- Do they settle damage to senses claim cases quickly?
- Do they have exemplary client communication skills?
Therefore, it is no longer crucial that a personal injury lawyer is local to you. Speak today to see how our advisors could help assess your case for free. If they think you are eligible for compensation they can transfer you to No Win No Fee solicitors straight away.
We hope this article has helped take some of the confusion and apprehension about launching a personal injury claim for negligence. If you are ready to proceed with a claim or would just like more information about the things we’ve discussed, getting in touch is easy:
- You can call us direct on 0800 408 7825
- Or write to us at Public Interest Lawyers
- Speak to our ‘live support’ option, bottom right.
We look forward to speaking with you and hope to help you with your damage to senses claim or any other injury you suffered from an accident that was not your fault.
More information about claims against the council, please read here
For further reading about accident hot spots, please read here
Information about cyclist accidents, please read here
Government statistics on accidents in the workplace, please read here
Finally, for further reading about using NHS services, please read here
Article By EA
Publisher; LA. NI.