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If I have an industrial deafness and tinnitus case
To establish if you have a case for making an industrial deafness or tinnitus claim it’s first got to be confirmed that you are indeed suffering from industrial deafness or tinnitus.
Hearing loss may be a symptom of another illness, but if confirmed by medical examination that you are suffering with some form of noise induced hearing loss as a result of exposure to loud and excessive noises in the workplace, we can take things further.
The next step in determining whether you have a case is to establish that the condition has been caused by exposure to a particular noise source and obtain evidence to that effect supported by witness statements, noise surveys, acoustic expert evidence and documentary evidence from the employers.
We then need to show that at the time of exposure your employer could have foreseen that you might suffer from noise-induced hearing loss or an associated condition. These cases can be aggressively defended, with the other side citing pre-existing conditions, but nothing relieves an employer of their liability if they did not provide protective equipment or take precautions in order to prevent the harm you suffered.
If we prove that more likely than not it was your employer’s failure to comply with regulations and neglect of their duty to protect you in the workplace which directly caused your hearing loss or tinnitus, you will be well placed to make a successful industrial deafness claim.