Compensation for hearing loss


Under earlier legislation pre-dating the Control of Noise at Work Regulations 2005, the Court of Appeal held that textile firms were liable under Section 29 of the Factory Act 1961 for damage to a worker’s hearing sustained from January 1978. The judge said that the employers should have measured the noise in their workshops from as early as 1973. The judgment is significant because it held the textile companies responsible for hearing loss due to noise at lower levels than those generally recognised as giving rise to liability (Baker v Quantum Clothing Group and others [2009] EWCA Civ 499).


In January 2016, TUC head of health and safety Hugh Robertson warned that insurance companies are trying to make it harder for workers to claim compensation after their hearing has been damaged by work. Writing on the StrongerUnions blog, he reported that they have proposed introducing fixed costs at a much lower rate than at present. There has been an increase in occupational deafness claims over recent years, although the average payout is only around £3,000. While insurers say the increase is due to “claims farmers” cold calling and submitting spurious claims, Robertson says there are other possible reasons for the increase, including insurers changing their policy to register all claims, rather than only the ones they are required to register. He says that claims farmers should not be able to cold-call people and harvest spurious claims.


“If that is happening, there is existing regulation and that should be enforced and these companies closed down,” he said. “Instead, anyone who has a claim should get in touch with their union who will make sure that the member is referred to an experienced law firm who will advise them on whether they have a case.” He added: “The bottom line is that anyone whose hearing has been damaged through work should be able to get the compensation they are entitled to and receive proper legal support at no cost to themselves”.