It is generally accepted that since about 1963 employers should have been aware of the risks of
exposing workers to high levels of
noise, and should taken appropriate steps to warn workers of
those risks and (in many cases) put in place and enforce measures to
reduce or remove those
risks. The risk from exposure to noise above a certain level is that it can cause permanent hearing
damage in certain frequency ranges.
Victims may start to notice that they have difficulty following
conversations, or their friends and family may notice that the victim is starting
to speak more
loudly or has the television at an increasingly high volume. It is usually possible to confirm a diagnosis of industrial deafness (also known as noise induced
hearing loss) from a special hearing
test, which can identify whether a person’s hearing loss is
just due to age ( a process known as presbyacusis) or whether it is in fact
likely to have been
caused at work. If noise levels in any working environment are above 85 decibels, then workers should at least
be warned about the dangers of noise
exposure, and be provided with hearing protection if they
want it. If the noise levels are above 90 decibels, then the employer has no
choice but to insist
that workers use hearing protection. As a rough guide, any worker should be able to speak to
another worker 2 feet
way without shouting. If they can’t, then this is an indication that the
noise
levels are dangerous. Any worker who has been exposed to excessive noise, and who has not been given the
necessary warnings or hearing protection, may
have a claim for noise induced hearing loss.
It may take many years for a person to start to notice their hearing loss. Indeed, it may be
the
case that by the time the loss becomes noticeable, the worker may not have been
exposed to
noise for many years. The factory
where they worked may have shut down, or the
employers gone
out of business. However, it may still be possible to bring a claim. The most important thing is to seek legal advice as soon as possible after the symptoms
become noticeable. Failure to do so could
result in any claim being held to be “out of time”. We have the experience to give no-nonsense, practical advice in relation to these claims,
and the
basic message is always the same.
The sooner the claim is made, the better
the chances of success.
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