By Cat Grayson. Last Updated 5th September 2023. Have you suffered tinnitus as a result of either an accident that 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?
- What Is The Average Payout For Hearing Loss?
- Common Tinnitus Symptoms
- Is Tinnitus A Disability?
- Am I Eligible To Claim Compensation For Tinnitus?
- Common Causes Of Tinnitus
- Military Hearing Loss And Tinnitus Claims
- Claims For Car Accidents Causing Tinnitus And Whiplash
- How To Prove Who Is Responsible For My Tinnitus?
- How Long Do I Have To Claim For Tinnitus?
- How To Claim Compensation For Tinnitus
- Making A No Win No Fee Tinnitus Compensation Claim
- 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 sufferer’s 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, such as in a car accident, you could claim tinnitus compensation.
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 that is heard internally, i.e. a sound that no one else can hear. Tinnitus can present as a variety of different sounds, including ringing, white noise or buzzing.
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.
Noise-Induced Hearing Loss Statistics
According to these statistics, an estimated 14,000 workers reported experiencing work-related hearing problems to the Labour Force Survey between 2018/19 to 2020/21.
Working in a noisy work environment without appropriate PPE could have long-standing effects on your health. If your employer’s negligence led to you experiencing tinnitus, you could potentially claim compensation. Get in touch with our team of advisors today to find out more.
You might be wondering, ‘what is the average payout for hearing loss?’. However, it’s difficult to give a definitive answer as hearing loss settlement amounts awarded can differ depending on the specific circumstances of your case.
In this section, we have created the table below using figures from the 16th edition of the Judicial College Guidelines (JCG). Solicitors can use the publication alongside medical evidence to help them value general damages in a personal injury claim. General damages relate to the pain and suffering you have experienced as a result of your injuries. This is one of the heads of claim that can make up a tinnitus compensation award.
It’s important to note, however, that the figures below act as guidelines and do not represent the final settlement you might receive.
|Reason for claim||Upper and lower limit||Comments and notes|
|Deafness/Tinnitus||£109,650 to £140,660||Cases where the claimant experiences total deafness and associated loss of speech.|
|Total Deafness||£90,750 to £109,650||Cases where there is no loss of speach.|
|Partial Hearing Loss or/and Tinnitus (i)||£29,710 to £45,540||Severe tinnitus and noise induced hearing loss (NIHL)|
|Partial Hearing Loss or/and Tinnitus (ii)||£14,900 to £29,710||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)||£12,590 to £14,900||Cases of mild tinnitus with some NIHL.|
|Partial Hearing Loss or/and Tinnitus (iv)||Around £11,720||Cases of slight and/ or occasional tinnitus. There may be slight NIHL.|
|Partial Hearing Loss or/and Tinnitus (v)||£7,360 to £12,590||Slight NIHL or slight tinnitus.|
Tinnitus Compensation – What Are Special Damages?
Special damages may also be included in your claim for tinnitus compensation. This head of claim compensates you for any additional costs or financial losses caused by your injury. For example, you might take time off work to recover from your tinnitus injury, which could result in a loss of earnings.
Other examples of financial harm you might experience as a result of tinnitus include:
- Costs arising from paying for medication to alleviate symptoms of your injury.
- Travel expenses stemming from travelling to and from hospital appointments regarding your tinnitus.
- Paying for specialist equipment required to cope with your injuries, i.e. a hearing aid.
When making a personal injury claim for compensation for tinnitus, you will need to provide evidence of your financial losses in order to receive special damages. A copy of your payslips, bank statements, and any relevant invoices or receipts could be used as evidence in your claim.
If you have any questions, such as “What is the average tinnitus compensation in the UK?” our advisors could assist you with your queries free of charge.
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 that present 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
- 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 on 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.
You could potentially claim tinnitus disability benefits in the UK if your tinnitus has or will affect you long-term and is causing difficulties in your daily life. This is called Personal Independence Payments.
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 workers 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.
For further guidance on the eligibility of your tinnitus compensation claim, get in touch with our advisors today.
Evidence To Support Your Tinnitus Claim
As part of your tinnitus claim, you’ll be required to gather evidence that can demonstrate your injuries were a direct result of a relevant third party breaching their duty of care.
Evidence that could be used to support claims for tinnitus include:
- Medical records stating that you have been diagnosed with tinnitus and the treatment you are receiving for it.
- The contact details of anyone who witnessed your accident so that they may provide a statement at a later date.
- Any video footage or photographs of the accident, such as CCTV footage.
- Proof of monetary losses – bank statements, receipts or invoices are just some examples of evidence that could be used as proof of these losses.
Contact our advisors today to discuss your potential personal injury claim and receive free advice. If you have a valid case, they may connect you with one of the solicitors on our panel.
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 such as pharmacy prescription errors, 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, you can get in touch with us today to find out more about whether you’re eligible to make a tinnitus claim in the UK.
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 that 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 caused by 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.
How Much Could I Receive In A Tinnitus Car Accident Settlement?
If you’ve been involved in a car accident, tinnitus or noise-induced hearing loss could occur. If you have suffered tinnitus from a car accident that was caused by third-party negligence, you may be entitled to claim compensation.
As we mentioned earlier, there is no average settlement for tinnitus. This is because legal professionals generally value personal injury claims on a case-by-case basis, giving consideration to the unique circumstances of each injury.
However, since the introduction of the Whiplash Injury Regulations 2021, the way some road traffic accident claims are made has changed. If you are:
- A driver or passenger of a car
- Aged 18 or over
- Claiming for injuries valued at £5,000 or less
Then you must make your claim through the government portal. However, we recommend that you contact our team of advisors to discuss your claim first. This is because there may be hidden costs or expenses associated with your injuries that you may not realise; for example, your tinnitus or hearing loss may require hearing aids or extensive treatment that may push your claim over the £5,000 threshold.
Get in touch today to find out if you could make a claim for tinnitus from a car accident. Our advisors can provide free legal advice and a free estimate of what your claim could be valued at.
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 if they have not fulfilled their duty of care as a road user.
If your tinnitus was caused by an accident at work as a result of your employer failing to uphold their duty of care, you could gather evidence such as CCTV footage or an accident at work report to prove negligence.
Talking to an experienced advisor can help you to establish who is responsible for your injury.
The time limit to make a claim for tinnitus can depend on the circumstances that caused the condition.
If you developed tinnitus because of repeated exposure to harmful noises, your time limit to make a claim could be:
- 3 years from the date you were first made aware of your condition and how it was related to the cause of harm
This will generally be the date you first received an official medical diagnosis of the condition.
If you had developed tinnitus in a road traffic accident, or because you had received harmful medication, your time limit could either be:
- 3 years from the date of your accident, or the date you received the harmful medication
- 3 years from the date you were first made aware of your condition
This is according to the information set out in the Limitation Act 1980 regarding personal injury claims for negligence. There can be extensions to this time limit though. Claims for tinnitus could be made outside the general 3-year time limit if:
- The claimant was under the age of 18 at the time of developing the condition
- The claimant lacked or lacks mental capacity during the 3 year time limit
However, a litigation friend can be appointed to represent them in either situation.
There is no time limit to settle a claim; once it has begun, it can go on as long as it needs to. If you are interested in claiming for tinnitus, please speak to an adviser today for free information.
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.
- 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.
If you are eligible to make a tinnitus compensation claim, a solicitor from our panel may be able to help. Our panel of solicitors work on a No Win No Fee basis. This means that they offer their services under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee contract.
When you work with a solicitor under a CFA, they won’t ask for a fee to start working on your claim or to keep working on your claim. Similarly, if your claim doesn’t succeed, you won’t pay a fee for their services.
However, successful tinnitus claims will have to pay a success fee to their solicitor. Your solicitor will take this fee directly from your compensation as a small percentage. However, the percentage they can take is limited by a legislative cap. This helps to ensure that you keep the majority of what you win.
To find out if you could be eligible to work with one of our solicitors, or to learn more about claims for tinnitus, contact our advisors today. Through a free consultation, they can evaluate your claim, answer any questions you may have, and may be able to connect you with a solicitor from our panel. Contact our team today by:
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.
This guide explores how you could sue the NHS if you were harmed by medical negligence.
In this guide, we look at how you could claim compensation if you were injured as a passenger in a car accident.
Please feel free to get in touch at any time if you have further queries about claiming compensation for tinnitus.
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