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How do I make an industrial deafness and tinnitus claim
The Control of Noise at Work Regulations 2005 (Noise Regulations 2005) require employers to prevent or reduce risks to health and safety from exposure to noise at work. Employees have duties too – if you are provided with ear defenders, you must use them.
The Regulations require an employer to take action to reduce the noise exposure that could cause industrial deafness or tinnitus and provide protection if the noise exposure cannot be reduced enough by using other methods.
There are legal limits on permissible levels of noise exposure in the workplace, details of which can be found on the Health & Safety Executive website. If you think your employer hasn’t complied with these regulations and failed to protect your health and safety at work, you should first seek medical advice and then contact a specialist law firm such as Access Legal.
These claims can be complex and demanding, so it's important that your legal team specialise in this work and have good, established, relationships with the appropriate medical and other experts whose evidence will be crucial to your claim.
If your employer is no longer trading it may still be possible to bring a claim if the relevant insurer who covered the risk at the time of exposure can be identified.
It is sometimes possible to get legal advice through your trade union, which may have arrangements in place with a specified panel solicitor. You are not obliged to use the firm proposed and can ask any law firm to represent you in these cases.