Noise induced hearing loss is a term that is used to describe hearing loss an individual may have sustained due to excessive noise exposure. Within the area of personal injury law Noise Induced hearing loss is categorized as an occupational disease. People can be exposed to noise from various sources and at various levels. For the purposes of making an effective claim for noise induced hearing loss within personal injury law, a person is required to establish that they have been exposed to certain noise levels within their working environment.
People across all sorts of working industries can be exposed to high levels of noise which can lead to noise induced hearing loss, including: construction, engineering, woodworking, power stations, dock yards, stone cutting and quarrying, mining, textile industry, to name but a few.
More specifically a case in personal injury must show that someone has been exposed to noise levels of 80dB or above for prolonged periods of time. The human ear can withstand loud noise of up to 120dB for short intervals with only slight discomfort; however after prolonged periods of time, noise levels of 80dB or above, can result in permanent damage to a person's cochlear and subsequently cause noise induced hearing loss.
In addition to noise induced hearing loss, loud noise within the work place can also cause tinnitus and acoustic trauma. Tinnitus is the medical term for any perception of noise that someone hears in one ear, both ears or in their head. This noise can take varied forms and people suffering from tinnitus may describe a ringing, buzzing, whistling or hissing sound. Acoustic trauma arises when an individual has been exposed to such an intense amount of loud noise that cochlear damage occurs instantly and hence results in immediate noise induced hearing loss rather than a gradual onset of noise induced hearing loss. Acoustic trauma can often occur during an accident at work or during a training accident, such as when an explosion occurs, or even during a military accident when an individual is exposed to high levels of gunfire in a single instance.
In respect of noise induced hearing loss as a claimable occupational disease, statutory legislation and subsequent workplace regulations have shown that employers have a duty to protect their workforce against this type of personal injury. Employers are under a duty to provide personal protective equipment to each individual employer, by way of hearing protection and to attempt to lesson noise exposure at its source. Both of these methods can prevent employees suffering from noise induced hearing loss later in life and can also prevent damage from accidents at work or training accidents.
In addition to compensation by way of damages, individuals who have developed noise induced hearing loss as a result of a military accident may also be eligible for compensation under the Armed Forces Compensation Scheme. In addition a formal diagnosis of tinnitus for an individual who has been exposed to noise within their working environment, whether that be through a military accident, a general accident at work or during a training accident may be able to obtain treatment to help either with their noise induced hearing loss or symptoms of tinnitus.
Author Resource:
Written for Hilary Meredith Solicitors by Olwyn Kinsey author of Noise Induced Hearing Loss related literature.
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