Have you suffered tinnitus as a result of either an accident which was not your fault or because of regular and excessive exposure to loud noises? If so, you may wish to claim compensation for tinnitus against the party responsible. In this guide, we will show you how to do so.
Most people with the condition will experience a combination of sounds, hearing noises such as ringing, white noise, and buzzing. Whilst many of us may have experienced a short bout of tinnitus after going to a concert or similar event, this usually resolves itself in a brief period of time. If you have been exposed to very loud noise on a regular basis, you could experience a constant sound in the ear accompanied by hearing loss or damage.
If someone else was to blame for your exposure to loud noises or caused you to have an accident, you could claim compensation for tinnitus. Find out how to do so below.
Select A Section
- A Guide To Claiming Compensation For Tinnitus
- What Is Tinnitus?
- How Much Compensation Can Tinnitus Sufferers Claim?
- What Can A Tinnitus Compensation Claim Include?
- Common Tinnitus Symptoms
- Is Tinnitus A Disability?
- Am I Eligible To Claim Compensation For Tinnitus?
- Common Causes Of Tinnitus
- Claims For Workplace Tinnitus
- What Duty Of Care To Prevent Tinnitus Does My Employer Have?
- Military Hearing Loss And Tinnitus Claims
- Claims For Car Accidents Causing Tinnitus And Whiplash
- How To Prove Who Is Responsible For My Tinnitus?
- Is There A Time Limit For Making A Tinnitus Claim?
- How To Claim Compensation For Tinnitus
- No Win No Fee Compensation Claims For Tinnitus
- Why Make A Claim With Our Expert Team?
- Call Our Advisors
- Advice For People With Tinnitus
It is estimated by the British Tinnitus Association that around one in ten people in the UK has some form of tinnitus. Of these, half find the condition to be either moderate or severely distressing. Currently, there is not a cure for the condition. The source of the sound heard by sufferers comes from inside their body, meaning they are the only person who will hear the noise.
Whilst tinnitus is not a life-threatening condition, it can cause severe distress and it can very much affect the suffers quality of life. Even minor cases of tinnitus can be very annoying for the person with tinnitus. In severe cases, tinnitus has been described as being unbearable. It can prevent people from sleeping or carrying out everyday tasks and effectively incapacitate them. These additional effects can compound how you are affected.
There are a variety of different ways in which tinnitus can be triggered or caused either in or out of the workplace.
- It can be caused by injuries to the neck or head, such as whiplash in a car accident.
- By unexpected exposure to very loud noises
- Through constant and regular exposure to very loud noise, such as a noisy workplace.
- By medical negligence, whereby the wrong medication is prescribed, resulting in tinnitus.
If your tinnitus was caused by someone else’s negligence or action, such as in a car accident, you could claim compensation for tinnitus.
If you need to claim compensation for tinnitus, it is likely that you will already be aware of what the condition is. However, for the purpose of this article, it is helpful to outline what tinnitus actually is. Broadly speaking, tinnitus is defined as being aware of a sound in the ear which is heard internally, i.e. a sound that no one else can hear. Tinnitus can present as a variety of different sounds. Commonly, these are described as the following;
- 43% of people will hear a combination of sounds.
- 15% of people will hear a ringing sound.
- 11% of people hear white noise.
- 11% of people hearing a buzzing.
- 10% of people will hear a shrill sound.
- 4% of people will hear a drill sound.
- 3% will hear a humming.
A small number of people will hear other sounds, such as a boom or a pulsating sound. In some cases, sufferers might also hear a segment of music. The sound’s pitch can vary or be constant over time. You can find out more about what tinnitus is in the NHS reference guide at the bottom of this page.
How much you can claim for your tinnitus will be calculated by looking at the severity of your tinnitus and/ or noise-induced hearing loss, as well as how it has impacted you financially. If you work with a personal injury solicitor, they will use a personal injury claims calculator to estimate what you should be entitled to for the tinnitus itself. As each case will vary, we have included this tinnitus personal injury claims calculator so that you can see what people could be awarded at different levels of severity. Please remember that whilst these are the latest figures available, how much you can claim is dependent on your unique case.
|Reason for claim||Upper and lower limit||Comments and notes|
|Deafness/Tinnitus||£102,890 to £132,040||Cases where the claimant experiences total deafness and associated loss of speech.|
|Total Deafness||£85,170 to £102,890||Cases where there is no loss of speach.|
|Partial Hearing Loss or/and Tinnitus (i)||£27,890 to £42,730||Severe tinnitus and noise induced hearing loss (NIHL)|
|Partial Hearing Loss or/and Tinnitus (ii)||£13,970 to £27,890||Cases where there is moderate tinnitus and noise induced hearing loss. Or moderate to severe tinnitus / NIHL alone.|
|Partial Hearing Loss or/and Tinnitus (iii)||£11,820 to £13,970||Cases of mild tinnitus with some NIHL.|
|Partial Hearing Loss or/and Tinnitus (iv)||£6,910 to £11,820||Cases of slight and/ or occasional tinnitus. There may be slight NIHL.|
|Partial Hearing Loss or/and Tinnitus (v)||Up to £6,580||Slight NIHL or slight tinnitus.|
As well as looking at general damages in the above compensation calculator for tinnitus, next we also look at other types of compensation you can claim.
Following on from the compensation calculator for tinnitus above which looks at what you can be owed for specific presentations of tinnitus, there are other forms of compensation which you can claim. Your tinnitus may prevent you from working or driving, may require treatment, or have caused other effects to your life. As such, the average compensation for tinnitus claim will take these factors into account. Examples of what you can also claim for include:
- Compensation for earnings and workplace benefits you have lost.
- The effects on your future ability to work and your career.
- The cost of transport getting to and from medical treatments.
- Paying for medical treatments.
If you have had to meet any costs as a result of your tinnitus condition keep the invoices or receipts and ask your personal injury solicitor whether you can claim compensation for them.
There are two main types of tinnitus, but as a wide-ranging condition, there are many ways in which it can present. The main types of tinnitus are called objective and subjective.
- Objective tinnitus is very uncommon. In such cases, other people will also be able to hear the sounds when listening in a person’s ear. It can be caused by things such as very small muscles in the ear spasming, or through abnormal blood flow in the ear.
- Subjective cases of tinnitus can only be heard by the individual.
The general symptoms of tinnitus present as noises heard in the ear. This noise may be intermittent or continuous. Symptoms include;
- Noises accompanied by feeling dizzy.
- Noises which presents with ear pain.
- Drainage coming out of your ear.
If you have any of the symptoms above, we recommend visiting your GP as they can also be symptoms of other medical conditions.
Complications from tinnitus can include
- A feeling of fatigue.
- Difficulty sleeping
- Problems with concentration and focusing.
- Problems with your memory.
- Depression, irritability, and anxiety.
Visiting a GP also starts to create a body of medical evidence which can be used in your personal injury claim.
When accompanied by hearing loss, tinnitus can be considered to have a disabling effect upon sufferers. It can affect a person’s ability to hear and to concentrate or focus on tasks. As we have seen in the most serious cases, the symptoms can have a disabling effect and prevent people from being able to carry out even basic tasks.
That said, it is not always clear as to whether it can officially be classed as a disability by the Department for Work and Pensions. For further information on how to have a potential disability assessed, see this government guide.
Whilst some people may suffer moderate tinnitus, others could have severe cases which eventually lead to them losing their hearing. If you experienced an acoustic shock or have been exposed to a noisy environment over a long period of time and were not provided with the equipment necessary to protect your hearing, you may be eligible to make a compensation claim through a personal injury solicitor.
The most vulnerable types of worker include;
- Agricultural workers.
- Manufacturing workers.
- Construction and building workers.
- Workers in other industrial settings.
Anyone working in a workplace which can often have high levels of noise, or which can be prone to sudden loud noises could suffer noise-induced hearing loss or tinnitus if their hearing is not properly protected.
There are both common and less common causes of tinnitus which you can claim compensation for. You may find that you can claim compensation for tinnitus after a car accident or claim compensation for tinnitus and hearing loss.
Common causes of tinnitus include;
- Exposure to loud noises.
- Neck and head injuries, such as those associated with whiplash.
- Medical errors caused by the prescription of the wrong medication, or unexpected side effects of a medication or medical treatment.
If you have suffered noise-induced hearing loss or tinnitus as a result of any of these circumstances, contact a personal injury lawyer to find out about making a claim.
We have already looked at the workplaces and industries where workers are more prone to suffer from noise-related hearing problems and at who could claim workers compensation for tinnitus. By law, your employer is required to carry out assessments of hazards in the workplace and to identify and provide any necessary personal protective equipment needed. In working environments where your hearing could be affected, you should be provided with ear defenders or other suitable equipment. You can find information on protecting your hearing at the Health and Safety Executive website.
Damage to your hearing can happen over a long period of time and it may not be immediately noticeable. For some, the symptoms may become apparent very quickly, or it could take several years to do so. The initial symptoms of damage to your hearing could be very subtle and are often dismissed.
We do recommend that you ensure you have the required PPE to protect your ears and that if you work in a noisy environment you have regular hearing checkups.
To protect people employed in a workplace which could potentially damage their hearing, the UK’s Health and Safety Executive had produced a set of guidelines. Employers should follow these in order to protect people from risks, such as noise-induced hearing loss or tinnitus.
These guidelines include carrying out a risk assessment, putting in place measures to either reduce noise or to protect workers hearing and ears. Measures could also include maintaining machinery or replacing machinery which is very noisy with newer and quieter machinery. You should also be provided with any equipment necessary to protect your hearing.
If an employer has not met their duty of care to protect your hearing and you suffered injuries as a result, you could claim compensation.
If your tinnitus was caused by exposure to loud noise levels in the armed forces, you may be eligible for army compensation for tinnitus. Whether or not you can claim for injuries suffered in the armed forces will depend upon how and when your injury happened. Whilst there are inherent risks on a battlefield which the army may not be able to mitigate, they do owe you the same duty of care as any other employer to look after your hearing whilst on training or in non-combat situations.
To find out more about when and whether you could make an armed forces compensation claim, talk to our team today.
As we have looked at already, one of the causes of tinnitus and damage to your hearing or ears can be whiplash injuries in a car accident. This is commonly called ‘whiplash tinnitus’. Car accidents can also cause whiplash when airbags are deployed. Eardrums can be ruptured leading to damage to your hearing, sense of equilibrium, and short, medium, or even long term tinnitus.
Whether your tinnitus was caused by exposure to loud noises in the workplace, or due to a vehicle accident, you will need to show that someone else was responsible for what has happened to you. If your accident was caused by another driver acting in a careless way, you could claim against them as they have not fulfilled their duty of care as a road user. If caused by workplace practices, your employer may have broken their duty of care to you. Talking to an experienced advisor can help you to establish who is responsible for your injury.
When you are making a personal injury claim there are personal injury claim time limits which you need to be aware of. After these time limits, it is difficult, or even impossible, to make a claim for your noise-induced hearing loss or damage. We have included these time limits in the table below.
|Reason for claim||Time limit|
|Workplace accident||3 years from date of accident or date of diagnosis.|
|Cases of industrial disease (noise induced hearing loss)||3 years from date of accident or date of diagnosis.|
At the start of any type of legal action, people often worry that they will have to go through a long and complicated process. However, with us the claims process is quite simple. To make a personal injury claim all you need to do is follow these three steps as set out below.
|First step||Second step||Third step|
|Get in contact with us and let us know what happened to you.||Let our experts review your claim and offer you a no win no fee agreement.||Let us handle your claim and secure you a settlement.|
A frequently asked question clients often have for their personal injury solicitor or lawyer is how much they will need to pay to start their case. Under a no win, no fee agreement, you will not need to make any payments unless and until your claim has been completed successfully.
You can find out more about how this works in our guide to no win no fee claims.
Our team of advisors and panels of personal injury solicitors, lawyers, and medical experts have the knowledge and the experience needed to make sure that we always get people the best settlement we can. We can offer you a no win no fee agreement and we hope that our client-focused approach to claims distinguishes us from other companies.
You can contact our advisors via the following methods;
- Call us to talk to an advisor today about your claim. Phone 0161 696 9685
- Email our expert advisors with details of what happened to you and how your injury has affected you. You can send an email to email@example.com.
We are ready to begin your compensation claim today.
Below we have recommended guides on our site as well as other sites where you can find relevant and useful resources.
NHS Guide To Tinnitus
This guide from the NHS looks at what tinnitus is, its causes and what you can do if you have tinnitus.
A Guide To Employment Law In The UK
In this guide, we look at employment law in the UK and how you can make a personal injury claim with a solicitor against your employer.
Your Rights After An Accident At Work
In this guide, we look at what rights people in the UK have after an accident in the workplace.
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