Is it possible to claim bin man injury compensation for loss of hearing from working in a noisy environment. I have worked for 20 years as a bin man and my doctor told me my hearing loss was most likely caused by noise at work.

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

You are entitled to claim bin man injury compensation for any injury which has been caused by the negligence of an employer; and loss of hearing is no exception. However it is important that you speak with a personal injury solicitor about making a bin man injury compensation claim for loss of hearing.

As with any claim for personal injury compensation against an employer, it is your responsibility to establish and prove that your employer has been negligent, and this can be problematic for hearing loss claims. A personal injury solicitor is in the best position to help you establish that your employer has been negligent and you will be given assistance with gathering evidence of this to support your claim for bin man injury compensation.

In order to make a successful claim for bin man injury compensation for hearing loss, you must prove that the noise you were exposed to in your work environment regularly exceeded the maximum safe noise levels. A solicitor will arrange for noise levels to be tested to determine whether they were excessive and represented a health risk. This procedure will be necessary before eligibility to claim bin man injury compensation for hearing loss can be confirmed.

Part 5 of the General Application Regulations (2007) covers acceptable noise levels in your work environment. The legislation states that the maximum safe level of noise at work is 85db. If noise levels routinely exceeded this level, you should have been provided with ear defenders to reduce the noise level to an acceptable and safe level. However, even if noise levels were between 80db and 85db your employer still had a legal responsibility to take action. Risk assessments should have been made, noise levels checked and you should have been advised of implications to your health about the noise level at work.

A claim for bin man injury compensation will also be possible if your employer provided hearing equipment which was substandard, faulty or was not individually fitted. Your employer also has a legal responsibility to arrange for all staff at risk to have regular hearing tests at work. Failure to provide the services of a medical practitioner to administer hearing tests is also negligence. If you did not have any hearing tests at work, and early identification of hearing problems could have reduced the damage to your hearing, you should be entitled to claim for bin man injury compensation and your claim should have a good chance of being successful.

Due to the complexity of making a claim for bin man injury compensation when your hearing has been damaged due to working in an outdoors environment, you should speak with a personal injury solicitor as soon as possible.