Tinnitus at Work – A Guide to Claiming Compensation

Living with tinnitus can cause a daily struggle that causes anxiety and distress, especially during a flare-up. Therefore, if your tinnitus diagnosis has been linked to your working conditions, you might want to claim compensation for your suffering. As such, we’ve written this guide to explain when tinnitus claims might be possible, what compensation you could receive and how the claims process works.

Our team is here to provide you with free legal advice before you decide whether to claim for tinnitus at work. During a no-obligation review of your case, they’ll ask questions about your employment and answer any queries you think of. If it looks like your employer might be to blame for your tinnitus diagnosis, we’ll connect you with a specialist solicitor. If the claim proceeds, they’ll manage it on a No Win, No Fee basis to reduce the financial risk of taking on legal representation.

If you or a loved one is suffering from tinnitus at work, you can get in touch by:

• Calling 0333 241 2519 and asking to speak to a specialist.
• Connecting to our free online chat service.

There’s plenty more information in this guide on tinnitus compensation claims but please feel free to call if you need to know anything further.

What Is Work-Related Tinnitus?

Work-related tinnitus is a condition characterised by ringing, buzzing, hissing, or other persistent noise in the ears or head that is caused by exposure to loud noise in the workplace. Unlike temporary tinnitus, which can occur briefly after exposure to a loud concert or event, work-related tinnitus results from prolonged or repeated exposure to high levels of noise at work, without adequate hearing protection.

Tinnitus can significantly impact an individual’s quality of life, affecting concentration, sleep, and daily routine. It is often associated with industries that involve loud machinery, construction, manufacturing, or music, where noise levels exceed the safe thresholds for hearing. Work-related tinnitus is considered a form of noise-induced hearing loss (NIHL), and it can be accompanied by varying degrees of hearing impairment.

Unfortunately, there is no known cure for tinnitus at present but there are methods that can help to reduce symptoms. The NHS website suggests that tinnitus counselling, cognitive behavioural therapy (CBT) and tinnitus retraining are some methods that can help.

Can I Claim Compensation for Tinnitus at Work?

There is a general duty of care imposed on employers by the Health and Safety at Work etc. Act 1974. This means that they need to try and protect the well-being of staff while they work. The Control of Noise at Work Regulations 2005 is a more specific piece of legislation that employers need to protect the hearing of employees if they are exposed to excessive noise at work.

This means that they might need to:

• Provide staff with ear defenders, ear plugs and other types of hearing protection where required.
• Try to place noisy equipment in less-populated areas away from where staff work.
• Consider using soundproofing panels or anti-vibration devices to reduce staff exposure to excessive noise.
• Allow staff regular rest breaks in quiet areas or consider rotating their roles regularly.

If your employer fails to comply with these health and safety regulations, you could be entitled to claim compensation for any subsequent suffering.

As such, tinnitus compensation claims may be possible if you can show that:

• Your employer owed you a duty of care.
• That duty was not upheld and you were exposed to excessive noise at work.
• You have been diagnosed with tinnitus in the last three years which can be linked to your working conditions.

Proving that a) you have tinnitus and b) it was caused by your working conditions can be difficult. Therefore, you might want to consider taking on specialist legal representation.

What Should I Do If I Have Tinnitus at Work?

If you are worried about your hearing and believe that the level of noise in your workplace is causing tinnitus, you could:

• Let your employer know that you’re worried. Do this in an email so there is a record and let them know about any changes you think might help.
• Tell your GP about any tinnitus symptoms you’re suffering from such as ringing in the ears. They might suggest some treatments or refer you for further tests.
• Let your employer know about any recommendations your doctor has made.

Taking these steps enables your employer to make changes where they can. They might even employ an occupational health specialist to conduct noise level assessments and to suggest any necessary changes. If they fail to act at all or ignore the specialist’s recommendations, you may have grounds to sue your employer for tinnitus at a later date.

What Evidence Can I Use for a Tinnitus Claim?

As you might imagine, proving your working conditions led to tinnitus won’t be the easiest thing in the world to achieve – but it can be done with the right evidence. If you take on legal representation, a few examples of evidence a solicitor might present to support a tinnitus claim include:

• Witness statements from your colleagues to help prove your working conditions.
• Emails, letters or other forms of correspondence with your employer relating to your concerns.
• Medical records from your GP or hearing specialists including any test results.
• Reports and noise-level test results from an occupational therapist.

If you’d like us to make an initial assessment of your case and review any evidence you have, please get in touch. Remember, we provide free legal advice on tinnitus compensation claims and you’ve nothing to lose by calling as there’s no obligation to proceed with a claim.

How Long Do I Have to Claim Compensation for Tinnitus?

As you might already be aware, there is a 3-year time limit for personal injury claims. This is defined by the Limitation Act 1980. For claiming compensation for tinnitus at work, this time limit would typically start from the date your condition is diagnosed by a medical professional (called your date of knowledge).

If you leave your claim until after the 3 years, the Limitation Act allows it to be statute-barred. Essentially, that means it could be turned down and you might not be compensated for your suffering. As such, we suggest you contact our legal advisors to discuss your claim as soon as you can.

How Much Compensation Do You Get for Tinnitus at Work?

If you make a successful tinnitus claim against your employer, your settlement will be based on general and special damages.

General damages aim to compensate for the pain and suffering your tinnitus has caused. Therefore, this needs to be evaluated properly before your claim can be valued.

As such, your solicitor might need to collect medical records, hearing tests and reports from independent hearing specialists to understand how tinnitus has affected you. They may then use this information and compare it with compensation amounts listed in the Judicial College Guidelines (JCG) to calculate a tinnitus claim.

To give you an idea of how much compensation for tinnitus could be paid, we’ve added JCG figures to the table below. Please take into account that these are only guidelines rather than guaranteed settlements.

• Compensation of up to £7,010 for minor tinnitus.
• £7,360 – £12,590 for slight hearing loss plus slight tinnitus.
• Around £11,720 in compensation for mild tinnitus.
• £12,590 – £14,900 for mild tinnitus and some hearing loss.
• £14,900 – £29,710 awarded for cases of moderate to severe tinnitus.
• £29,710 – £45,540 for compensation covering severe tinnitus and hearing loss.

Special damages may also form part of your tinnitus compensation payout if you’ve lost money. They could cover:

• Lost earnings.
• Medical treatment costs.
• Future lost income.
• Care costs.

Any expenses you wish to claim back must be proven by way of bank statements, receipts and other financial records. To see what compensation you could receive for tinnitus, please call our team today.

Can I Claim for Psychological Suffering?

Hearing noises in your ears that no one else can hear can be quite disorienting. It can also lead to emotional health problems caused by distress, anxiety or depression. Therefore, this type of suffering could be considered as part of a tinnitus claim.

To receive compensation in this regard, your suffering will need to be proven by a medical professional. If you work with one of our solicitors, they’ll work hard to secure such evidence on your behalf.

Can I Claim Compensation if I’m Not a Full-Time Employee?

No matter what type of employment contract you have, when you work for someone, they have a legal responsibility towards your well-being at work. That means they’ll need to protect you in the same way as other members of staff by training you, providing PPE and reducing noise levels where required.

As such, if you have been diagnosed with tinnitus that can be linked to your employer, you could be compensated as an agency worker, zero-hours staff, self-employed worker, contractor or subcontractor. Please get in touch for more information.

Will I Lose My Job If I Claim Compensation for Tinnitus?

Many people worry that if they sue their employer for tinnitus at work, they’ll face negative consequences in the workplace. However, it is illegal for you to be treated any differently for making a personal injury at work claim for a legitimate injury.

As a result, you cannot be disciplined, dismissed, picked on or demoted as a result of your legal action against your employer.

Do I Need a Solicitor to Claim Tinnitus Compensation?

If you decide to sue your employer for tinnitus, you can do so on your own without legal representation. However, your claim will probably be forwarded to an insurance company which will try to limit how much compensation they pay, if any.

Working with a specialist solicitor should make negotiations easier for you and could result in a fairer settlement if the claim is successful. If you choose to work with a solicitor from our team, they will:

• Review any evidence you provide and gather more if needed.
• Make sure that the tinnitus claim is filed correctly and within the allowed time limit.
• Communicate on your behalf and conduct negotiations with your employer’s insurers.
• Use their legal skills to try to achieve a fair settlement rather than accepting the first offer received.
• Keep you informed about how your claim is progressing.

Importantly, our solicitors use a Conditional Fee Agreement (CFA) so that you can benefit from a No Win, No Fee service.

Therefore, if your claim is taken on, you:

• Won’t have to pay your solicitor upfront for their work.
• Don’t pay your solicitor for their services if the claim is lost.
• Will have a success fee deducted from any compensation payout received.

The success fee is a percentage of your settlement. Legally, it is capped at 25 per cent when using a CFA. That means you can be sure you’ll receive the bulk of your settlement if you receive tinnitus compensation.

Do Tinnitus Compensation Claims Go to Court?

Wherever possible, personal injury solicitors will always try to settle a claim amicably. This is preferable for all parties as it means they don’t need to spend money or time on lengthy court proceedings.

However, in a very small number of cases, claims do need to be decided by the courts. If that happens, though, you can be sure that your solicitor will be there to support you all the way.

Contacting Us About a Tinnitus Compensation Claim

If you believe that you should be compensated for work-related tinnitus, we can help. To reach out to us, you can:

• Call 0333 241 2519 to speak to a specialist advisor.
• Use our live chat service to discuss your claim.

Getting legal advice as soon as possible after being diagnosed with tinnitus at work can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred due to the condition.