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Noise induced hearing loss cases attract varying amounts of compensation and here we consider the factors that are taken into account when valuing these claims

What is Noise Induced Hearing Loss (NIHL)?

NIHL is a condition caused by exposure to a high-intensity sound which is measured in decibels. Generally, hearing loss is separated into four categories of disability according to the degree or severity of the hearing loss.

How is Noise Induced Hearing Loss calculated?

  • Mild Hearing Loss is considered a loss of 20-39dB. A person may experience some difficulty in keeping up conversations. This could occur in a noisy environment;
  • Moderate Hearing Loss is considered a loss of 40-69dB. A person will usually experience difficulty in keeping up conversations without a hearing aid;
  • Severe Hearing Loss is considered a loss of 70-90dB. This is when a person will require a powerful hearing aid;
  • Profound Hearing Loss is a loss of more than 90dB. A person would require relying on lip reading or sign language.

How are awards for NIHL calculated?

When assessing awards for compensation in a NIHL claim, solicitors will usually refer to the Judicial Studies Board Guidelines. This provides general brackets as a guide to compensation awarded in relation to the level of hearing loss.

Partial hearing loss and/or tinnitus

This category covers the majority of deafness cases which usually result from exposure to noise at work over a prolonged period. The disability is not to be judged simply by the total measurement of hearing loss; there is often a degree of tinnitus present. Age is particularly relevant because impairment of hearing affects most people in the fullness of time and impacts both upon causation and upon valuation, such that the amount of NIHL is likely to be less than an individual’s total hearing loss.

Category

Award

Slight NIHL without tinnitus or slight tinnitus
without NIHL

Up £5,325   

Slight or occasional tinnitus with slight

£5,600 to £9,575

Mild tinnitus with some NIHL

£9,575 to £11,300

Moderate tinnitus and NIHL or moderate
to severe tinnitus or NIHL alone

£11,300 to £22,600

Severe tinnitus and NIHL

£22,600 to £34,600

Total loss of hearing in one ear

Cases will tend towards the higher end of
the bracket where there are associated
problems, such as tinnitus, dizziness
or headaches.

£23,800 to £34,600

Total deafness

The lower end of the bracket is appropriate
for cases where there is no speech deficit
or tinnitus. The higher end is appropriate
for cases involving both of these.

£69,000 to £83,325

What are the requirements for hearing loss awards?

When assessing awards for hearing loss the following has to be taken into account:

  • whether the injury is one that has an immediate effect, allowing no opportunity to adapt, or whether it occurred over a period of time, as in noise exposure cases;
  • whether the injury or disability is one which the injured person suffered at an early age so that it has had or will have an effect on their speech (and will be suffered for a longer period), or is one that is suffered in later life;
  • whether the injury or disability affects balance;
  • the impact of the hearing loss on occupation;
  • in cases of NIHL age is of particular relevance;
  • tinnitus may be suffered alone, rather than associated with NIHL.

This is a brief guide when assessing damages relating to NIHL claims.

It is important to note the figures quoted above are at full value, and cases will often settle below these values due to the risk of litigation and other factors.

Should you be suffering from NIHL, you can contact our specialist solicitors who can discuss the matter further with you.

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