I would like to pursue a claim for ear injury compensation. I work in construction and I have sustained dramatic hearing loss over a prolonged period of time. I think that it may be due to faulty equipment provided to myself and the other workers to protect our ears. How I prove that my employer is at fault?
It seems that you potentially have a strong claim for ear injury compensation. You say that your employer may have provided faulty equipment for you as well as a number of other works. Have they experienced a similar manner of hearing impairment that you have? If they have then you may have an even more definitive case. You first must demonstrate that you have repeatedly been exposed to noise over 85 decibels without sufficient protection for your ears and that it has a long-term, damaging effect on your hearing. You will then either have to show that your ear injury manifested in the last three years, or that you have only had knowledge of it in the last three years in accordance with the UK Statute of Limitations.
What evidence do you have that you have suffered a dramatic loss of hearing? Often signs of hearing loss can be difficult to pick up on as it can diminish slowly over a significant period of time. Many people with hearing injuries develop tinnitus, which is a strange ringing noise that can only be heard by the person with the ear damage but nobody else. Besides tinnitus, other symptoms can include the inability to understand certain words in a group social situation, the inability to hear someone unless they are facing you and the sudden need to turn up the volume when you are watching television or listening to the radio. If you have experienced any of these symptoms or anything similar, you should keep note of them in a personal diary and also seek medical attention if you havenâ€™t already. By obtaining professional medical treatment not only will it convey that you were not careless with regards to your well-being, but you will also have a record in your medical history that will support your claim for ear injury compensation.
In order to prove your employer negligible for this hearing loss, it must be proven that they failed in their duty of care that all employers owe their employees. Even if they unknowingly provided you with defective protection for your ears, the fact that they did not sufficiently test the safety of their equipment makes them liable for your ear injury. However, if you noticed that your ear protection was inadequate and failed to report this, you could be accused of contributory negligence.
The most sensible thing you can do to initiate a claim is to contact a personal injury solicitor with experience of dealing with ear injuries for legal assistance as soon as possible. Present them with any evidence you have of your hearing loss and explain the circumstances of your ear injury. With this information they will be able to evaluate your potential claim and will advise you of whether or not your claim for ear injury compensation is worth pursuing.