When considering whether to take on Noise Induced Hearing Loss claim, we have to weigh up the prospects.

After establishing that a claim can be brought in time, we take into consideration the following;

· What a person has done for a living (i.e. whether they have worked in a known noisy industry)

· How long they were in that industry; and

· When they worked in that industry.

Once we are satisfied that a person could have been exposed to a substantial amount of noise over their career, we then send them for a hearing test. We have ways of reviewing the results, and we look for specific patterns which show whether a person is suffering with age-associated hearing loss, noise induced hearing loss or something else. To do this, legal practitioners have predominantly used the Coles, Lutman and Buffin 2000 guidelines (CLB guidelines).

However, earlier this year, Professor Brian C. J. Moore, Mr. David A Lowe (ENT Surgeon), and Mr. Graham Cox (ENT Surgeon) have teamed up and produced new guidelines (the MLC Guidelines 2022) for diagnosing and quantifying noise-induced hearing loss. The guidelines suggest substantial amendments to the existing guidance.

In brief … for people considering bringing a claim, it will now be easier to succeed!

A LOWER THRESHOLD OF EXPOSURE NEEDED TO CAUSE NIHL

Previously, a claimant had to prove that they had lifetime noise exposure level of at least 100dB. To reach this, a person would have to have worked in noise levels of 90dB for around 10 years. Now, for example, a person would only have to work in noise levels of 90dB for 1 year!

THERE IS NOW NO ‘LOWER LIMIT’ OF NOISE WHICH COULD AFFECT YOUR HEARING

Previously, anything under 85dB Lep,d was disregarded, as it was seen to be too low to cause any noise damage. The new guidelines recommend removing the lower action level, thus leaving all noise exposure as having the potential to contribute to a person’s hearing loss.

There are many other recommendations in the guidelines which affect the way legal practitioners handle claims, for example, how losses are calculated; which frequencies noise can affect; a distinction in the types of noise damage, for example military noise exposure etc. But all in all, the new guidelines will be welcome to claimant solicitors and will prove useful in existing and future claims.

If you feel like you are suffering with hearing loss, and you have worked in excessive noise in the past, please get in touch for a free telephone consultation / advice. All claims taken on are handled on a ‘no win no fee’ agreement.