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Noise-induced hearing loss occurs most commonly in the workplace environment, where workers are exposed on a regular basis to noise levels of over 80dBA. Such exposure over a long period can result in permanent hearing impairment, which often occurs gradually.
Irish employers must inform employees if the noise level in the workplace is likely to exceed 85 dBA and to tell them about the potential risk of hearing damage.
They are also obliged to provide the services of a qualified audiologist to offer hearing checks and, if necessary, hearing protection. Aviation, agriculture, construction, forestry, and manufacturing workers have a significantly higher risk of developing tinnitus and hearing difficulty. So, if you work in any of these industries, it’s imperative that you take precautions. Irish Times 1997 – Employers cannot afford to turn a deaf ear to staff hearing problems
The following are the most common forms of impaired hearing that arise from over-exposure to loud noise in the workplace
1. Tittinus: which causes a ringing or buzzing sound in both ears;
2. Acoustic Shock Syndrome: which is damage to the ear caused by a single intense “impulse” sound at close proximity, such as an explosion or bang, or alternatively, through repeated exposure to high-frequency, high-intensity sounds through a headset.
3. Occupational Deafness: causing permanent cell damage to the inner ear that causes partial or complete deafness. Compensation may be achieved for noise-induced hearing impairment in the workplace.
General damages for the injury and special damages, which are those out-of-pocket expenses borne by the claimant due to the accident and any loss of earnings, may be recoverable from an employer who has failed in their duty of care to the employee.
Particularly in relation to special damages, claimants may be able to recover expenses arising out of the need to undergo surgery and have certain adaptations made to their homes, such as adapted telephones, doorbells and alarm clocks. Furthermore, the need for hearing aids, batteries and replacements, and sign language training may also be recoverable.
The following industries are amongst the most common within which workers are at risk of hearing impairment;
However, many other industries and work environments may result in workers suffering damage, and in these circumstances, anyone who believes that their impairment is a direct result of exposure to certain working conditions may be eligible to claim compensation against their employer or former employer.
Our workplace injury solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
The next step is applying to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.
Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.
If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.
If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.
How much compensation you receive for a hearing loss is dictated by two legally binding documents known as:
The “Book of Quantum” and
The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.
The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.
The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:
One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.
Pursuant to the Statute of Limitations Act 1957, a claim must be brought within two years of
The date of knowledge is the date that a claimant may reasonably have been expected to realise that they have a hearing impairment due to their working conditions. It is usually the date of diagnosis made by a healthcare professional, but not always. If a claimant has not been officially diagnosed with a hearing impairment directly resulting from exposure in their workplace environment, an audiologist report can be procured.
This report will indicate whether the hearing impairment is linked to working conditions or to other degenerative factors, such as age. Where the report establishes a causative link between the resulting hearing impairment and the employee’s working conditions, compensation may arise.
Employers owe a duty of care to their employees to ensure that they do not suffer any injury reasonably within the employer’s ability to avoid and protect against.
The scope of the duty of care, at common law, is generally assessed under the following headings;
Furthermore, the Safety, Health and Welfare at Work Act 2005 sets out a number of obligations on employers and employees in the workplace and imposes a duty on employers to do everything reasonably practicable to ensure the safety, welfare, and health of their employees.
“Reasonably practicable” has been interpreted to mean that an employer has exercised all due care by putting in place the necessary protective and preventative measures, having identified the hazards and assessed the risks to safety and health…at the place of work.
Employers of those working in environments whereby employees are exposed to loud noise on a persistent or repetitive basis really ought to ensure that the following safety measures/systems of work are in place;
Failure to ensure that employees are adequately protected in the workplace and failure to do all that is reasonably expected of them to ensure that workers do not sustain injuries may leave employers liable for any damage or loss sustained as a result of inadequate systems of work.
There are four main components to an injury compensation settlement.
These are generally the main examples of compensation under the four main components of an injury compensation settlement.
It is advisable to speak to a solicitor to determine which type of expenses can be recovered, and it is highly recommended to keep all receipts for anything you spend on (such as medical fees, pharmacy costs, transport costs, etc.) during the recovery of your injury at work. Having the receipts will smoothen the process of your solicitor negotiating the best and fairest possible settlement for you in all circumstances.
If you decide to pursue a workplace injury claim, it is important to note that no two work compensation claims are likely identical, even when the injury sustained is identical. This is because of other factors such as your employment status, direct approaches from insurance companies, and sometimes your profession.
Therefore, it is advisable for you to speak to an experienced solicitor and seek legal advice regarding workplace injuries as soon as possible after receiving the medical attention and treatment you need. Most solicitors will offer a free initial evaluation of your situation and advise whether you have potential legal action and qualify for a successful workplace injury compensation.
After you decide that you would like to pursue a workplace injury claim with a solicitor acting on your behalf, your solicitor will advise you on the procedures you should take to support your claims and typically act on your behalf to gather relevant documents and witnesses to ensure you get the best and fairest settlement for your workplace injury while you recover.
If you have experienced injury or an accident in the workplace and have questions surrounding the incident, please contact our workplace injury solicitors at Coleman Legal to find out if you have a potential legal action against your employer. Our dedicated team has a collective experience of over 30 years, and we are ready to advise and assist you with your claim.
If you want to take legal action over an injury, you should consult our accidents in the workplace solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contact Rose Sweeney or Philip Treacy by email or free phone at 1800-844-104 to see how we can help you with your workplace injury or accident.
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