How do you prove negligence in a hearing loss injury compensation claim?
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor, Editor in Chief

Question:

How do you prove negligence in a hearing loss injury compensation claim?

Answer:

There are two basic causes of an occupational hearing loss injury – prolonged exposure to loud noises and single very loud noises. In both cases, employers are governed by the Control of Noise at Work Regulations (Part 5 of the General Application Regulations 2007) which state what maximum levels of noise are acceptable in the workplace and what employers should do to reduce the risk of a hearing loss injury.

These regulations are extremely comprehensive, and include how measurements of noise should be taken and recorded, and at what levels employees should be provided with personal protective equipment to protect them from hearing loss injury. If an employer has failed to adhere to the Control of Noise at Work Regulations, and you sustain a hearing loss injury as a result, you are entitled to claim hearing loss injury compensation.

It is worth mentioning that some companies can request exemption from the Control of Noise at Work Regulations if the provision hearing protection would increase the risk of other, more serious injury, and it is in your best interests to speak with a solicitor as soon as you have been diagnosed with a hearing loss injury to establish that you do indeed have a claim for hearing loss injury compensation.

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