By Danielle Graves. Last Updated 19th April 2023. In this guide, we focus on the different aspects of making tinnitus claims. If you have tinnitus and you have evidence that shows it has been caused or aggravated due to negligent behaviour by a third party (such as your employer, for instance), then you may have grounds to make a tinnitus compensation claim.
Tinnitus affects an estimated 10% of adults in the UK according to the NHS, which is around 6 million people. Someone who has tinnitus will experience humming, buzzing or ringing sounds that can be intermittent or if more severe, continuous. Apart from being really annoying, severe cases of tinnitus can be quite debilitating for the sufferer. Tinnitus is commonly linked to hearing loss.
Tinnitus compensation claim
There are a number of different causes of tinnitus such as being the result of ear infections, head injuries, neck injuries and diabetes. But by far the most common is being exposed repeatedly to loud noise, or exposed to a sudden burst of loud noise.
If you have been exposed to loud noises at work and your employer didn’t take any preventative measures, or perhaps you suffered tinnitus after being involved in an accident that wasn’t your fault. Alternatively, you may have been harmed by your GP gave you a misdiagnosis or treated a condition which then resulted in tinnitus developing, then you may be eligible to make a tinnitus claim because your tinnitus is the result of the negligence of someone else.
Legal Helpline is a Claims Management Company with a panel of personal injury solicitors that can help you to make a successful tinnitus accident claim.
Jump to a Section
- Tinnitus and a guide to claiming compensation
- What are the common symptoms of tinnitus?
- Am I entitled to claim tinnitus compensation?
- Tinnitus Claims – Do I Need Evidence To Claim?
- Can I Claim For Ringing In Ears After Car Accident?
- Proving who is liable for your tinnitus
- Starting a tinnitus compensation claim
- Average compensation payouts for tinnitus
- Claims For Tinnitus – No Win No Fee Lawyers
- Why claim with Legal Helpline?
- Talk to our team today
- Useful Links
Tinnitus and a guide to claiming compensation
As mentioned above, tinnitus is a condition whereby noises such as buzzing, hissing, whistling, humming and ringing sounds can be heard independently of other noises. Depending on the severity of the tinnitus, some people may experience it intermittently, whereas others may suffer with it continuously.
Although tinnitus is commonly associated with hearing loss, it isn’t actually caused by loss of hearing, nor does it cause hearing loss itself, it’s actually a completely separate condition. However, some people with tinnitus may develop a condition called hyperacusis or severe sensitivity to sound where they need to take steps to disguise external noises.
Sufferers of tinnitus often find that it is more noticeable when background noise is quiet as when it is loud, they can focus on those sounds and the tinnitus is drowned out by the background noise. But when it’s quiet, the tinnitus appears louder and more noticeable as there’s less background noise to disguise it.
In the majority of cases, tinnitus is brought on by exposure to excessive noise, but can also be caused by blockages in the ear or certain infections of the ear. But, exposure to loud noise is by far the most common trigger of tinnitus.
If you are suffering from tinnitus and you believe it is due to the negligence of someone else, then you could be eligible to make a personal injury claim for compensation for tinnitus. Claiming tinnitus accident compensation can be a complex process as the liability of the defendant first needs to be established and there are a number of steps you should take to maximise the potential of your tinnitus accident claim being successful.
This guide serves as a source of information of everything you need to know to begin your tinnitus claim. As well as reading through the guide, seeking help from a personal injury solicitor, such as those supplied by Legal Helpline, is also really important to get the most out of tinnitus claims.
What are the common symptoms of tinnitus?
Tinnitus presents itself in a variety of different ways which can vary from person to person. Generally, tinnitus will become apparent when the noise in one or both ears is experienced either intermittently or continuously. In the majority of cases, only the sufferer will be able to hear the tinnitus noise, however, it has also been known for GPs to also be able to hear the noise by using a stethoscope against the affected ear, but this is rare. This is known as objective tinnitus. There are some symptoms of tinnitus that should be checked by a doctor, these are:
- Dizziness – Sometimes tinnitus is associated with dizziness and this should be checked in case there are any other underlying conditions.
- Pain or Fluid present – If the tinnitus is causing pain or there is fluid being discharged out of the ear, then you should consult a doctor to be examined.
Conditions such as high blood pressure, thyroid problems and some other illnesses can also have similar symptoms to those of tinnitus and so if tinnitus is suspected, it is always best to get checked by a doctor in order to rule out any other health problems.
Am I entitled to claim tinnitus compensation?
Due to the constant noise when someone suffers from tinnitus, often other problems can arise such as sleep loss which over time can itself be quite debilitating. Also, people with tinnitus sometimes develop an over sensitivity to external noises which can eventually lead to hearing loss.
If your tinnitus is due to the constant exposure to loud noises or a sudden acoustic noise such as when in the workplace, and the correct personal protective equipment wasn’t supplied, then you could make a tinnitus accident claim for compensation. Depending on the individual circumstances and the severity of the tinnitus, you could sue those liable for severe or moderate tinnitus compensation.
People who work in certain industries such as engineering, agriculture, construction, building, manufacturing and some areas of the service industry, are most at risk of developing tinnitus if protective and preventative measures are not taken as constant loud noise and sudden loud noise are commonplace in these areas of employment.
If you have developed tinnitus or some hearing loss as a result of being exposed to loud noise without being provided with the correct protective equipment whilst in the workplace, then call Legal Helpline and speak to a member of our team about making a tinnitus compensation claim.
Tinnitus Claims – Do I Need Evidence To Claim?
You could be eligible for compensation for tinnitus if you can prove that your tinnitus was caused by someone else breaching their duty of care. This is why evidence is crucial for proving liability in personal injury claims for tinnitus. Some of the evidence that could be collected to help support tinnitus compensation claims include:
- Dashcam or CCTV footage of the accident.
- Eyewitness’ contact details.
- A personal statement describing the symptoms you have suffered with and how your tinnitus has impacted your daily life.
- A copy of your medical records stating that you have been diagnosed with tinnitus.
Do not hesitate to contact our advisors today for free legal advice regarding tinnitus claims. Our friendly advisors are available 24 hours a day, 7 days a week, to answer your personal injury questions and discuss your potential claim. If they believe that you could be eligible for compensation, they may connect with a solicitor from our panel.
What Is The Time Limit Regarding Claims For Tinnitus?
The Limitation Act 1980 tells us that you typically have 3 years from the date of your injury to start a personal injury claim. However, when claiming tinnitus compensation awards, there may be exceptions to this time limit. For example, it’s suspended when the injured party cannot claim themselves.
However, a litigation friend can start a claim at any time during the suspension on behalf of the injured party. For example, your child may complain of ear ringing after airbag deployment. A child under the age of 18 cannot start their own claim. However, you could be appointed as their litigation friend. If they reach their 18th birthday without a claim being started on their behalf, they will have three years from that date to start proceedings.
Those who lack the mental capacity for legal proceedings cannot start their own claim either. A litigation friend could be appointed to seek a tinnitus car accident settlement on their behalf at any time. However, if the injured party regains their capacity, the time limit is no longer suspended. This means that from the date it was determined that capacity had been regained, they will have three years to start a personal injury claim.
Call our advisors if you have any questions about tinnitus compensation awards. If your claim seems valid, they could help you get started right away.
Can I Claim For Ringing In Ears After Car Accident?
Ringing in the ears after a car accident could develop if there was a violent impact and the resulting noise was particularly loud. The loud noise could rupture a tissue in the ear leading to loss of stability.
If the head violently collides with the airbag as it is being deployed, the impact could potentially lead to whiplash tinnitus. These injuries could potentially be the base for claims for tinnitus if they were caused by someone else’s negligence.
If you’re experiencing ringing in your ears after airbag deployment, it is advisable to get medical attention. A medical professional can provide a proper diagnosis and advise on any recommended treatment. If you’ve been diagnosed with tinnitus due to a road traffic accident caused by negligence, you could potentially pursue a car accident compensation claim.
Proving who is liable for your tinnitus
To make a successful compensation claim, liability needs to be proven. It isn’t always straight forward who is to blame as a condition such as tinnitus generally develops over a period of time. However, there are ways in which evidence can be found and gathered that will lead to who is to blame.
If your tinnitus has developed due to working in an environment with excessive noise levels, then you may be able to make a claim against your employer if they are found to have been negligent in their legal duty of care to you, their employee, to provide a safe working environment and provide personal protective equipment where necessary.
Employers are legally bound to follow and abide by legislation set out in the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. These all set out the health and safety policies employers need to follow to ensure the safety of their employees. Also the Control of Noise at Work Regulations Act 2005 is a piece of legislation written specifically concerning tinnitus, hearing loss and noise within the workplace that should also be adhered to.
In accordance with the Health and Safety Executive, employers are expected to carry out the following:
- Risk Assessments – Regular risk assessments should be made in regards to noise level and which work roles are most at risk from tinnitus and industrial deafness.
- Once any issues are identified – they should be dealt with accordingly to lower any risks. Noise levels should be kept to a level no higher than 80-85 decibels. By switching to quieter machinery or using sound-absorbent barriers will help as well as providing basic personal protective equipment suitable for reducing noise levels such as ear defenders.
- Training – Correct, relevant and adequate training should be provided to all employees to alert them to any possible dangers in the workplace and the best way to avoid them or lessen the risks. This applies to risks of tinnitus and industrial deafness too. Employees should also be shown how to use their personal protective equipment as well to ensure they get the full benefit of its use.
- Healthcare Checks – Employers should offer regular health care checks to monitor the hearing of the employees most at risk.
If you have developed tinnitus or hearing loss because your employer has failed to act on their duty of care to you, their employee, then they will be deemed as negligent and you can file a tinnitus compensation claim against them.
Get in touch today for more information on who you can claim against for tinnitus claims.
Starting a tinnitus compensation claim
The thought of starting a compensation claim may feel a little daunting especially if you have no experience in making claims. And tinnitus claims can be complex as well. Therefore the best place to start is to contact a personal injury claims firm such as Legal Helpline.
We can offer you a free consultation where we can discuss with you all the details about your case such as when you first started noticing symptoms of tinnitus, the severity and any supporting evidence you have so far.
You can also freely ask us any questions in regards to your claim which we will do our best to answer. We may also offer a free local medical if we feel it could be of benefit to your case. Once we have all the information we need from you, we can then handle your compensation claim on your behalf so you’ve really no need to worry.
What Is The Average Tinnitus Compensation Payout?
If you have suffered harm due to being exposed to excessive noise over a prolonged period, then you may be able to claim. It is also important that you’re able to prove that it was caused by third-party negligence. Tinnitus compensation can cover up to two types of damages. These are known as general damages and special damages.
What are general damages in a tinnitus claim?
Compensation for general damages relates to any psychological or physical suffering you’ve experienced due to the injury you’re claiming for. When making a personal injury claim, a certain amount of compensation may be offered for each individual injury that can be diagnosed and connected to negligence.
What are special damages in a tinnitus claim?
If you’re eligible to claim for special damages in a tinnitus claim, then this relates to the financial losses caused by the injury. For example, tinnitus compensation claims may include reimbursement for loss of earnings or loss of future earnings because the injury left you unable to work. Other potential losses may include travel costs, adjustments to your home, care costs and healthcare expenses. Usually, with personal injury claims, a claimant must be eligible to claim for general damages in order to be able to claim for any potential special damages.
Reason for Compensation Comments Amount
Total Deafness Those suffering with tinnitus and a speech deficit are applicable to the higher end of this bracket. £90,750 to £109,650
Total Loss of Hearing In One Ear The higher end of the bracket is applicable to cases where the person suffers with headaches, tinnitus and dizziness. £31,310 to £45,540
Partial Hearing Loss and/or Tinnitus (i) The person suffers with severe tinnitus and noise-induced hearing loss (NIHL) £29,710 to £45,540
Partial Hearing Loss and/or Tinnitus (ii) Moderate tinnitus and NIHL together or individually £14,900 to £29,710
Partial Hearing Loss and/or Tinnitus (iii) The person suffers with mild tinnitus with some NIHL. £12,590 to £14,900
Partial Hearing Loss and/or Tinnitus (iv) The person suffer will mild tinnitus or NIHL alone. Around £11,720
Partial Hearing Loss and/or Tinnitus (v) Occasional or slight tinnitus with minor NIHL £7,360 to £12,590
Partial Hearing Loss and/or Tinnitus (vi) Slight tinnitus without NIHL or the reverse. Up to £7,010
Please bear in mind that these figures are not guaranteed because every claim is unique. To learn more about tinnitus compensation claims, please contact us for free using the details above.
Claims For Tinnitus – No Win No Fee Lawyers
There is no requirement to hire a solicitor to claim compensation for tinnitus, however, it may be beneficial for you. A good solicitor will have the experience and knowledge to guide you through the claims process and offer the best legal advice.
However, you may be concerned about the costs of hiring legal help. If so, you may want to consider hiring No Win No Fee solicitors.
Benefits of using solicitors who work under this type of agreement include:
- Generally, no upfront charges to begin using their services
- Ongoing legal costs can be covered
- Not needing to pay your solicitor if your claim fails
- If your claim does succeed, you’ll only pay a legally capped success fee
Whether you are making a claim for tinnitus after a car accident or an accident at work, our panel of solicitors could help you on a No Win No Fee basis. For more information on No Win No Fee agreements or claims for tinnitus, get in touch with our advisors at any time.
Why claim with Legal Helpline?
Legal Helpline is a very efficient and very experienced claims management company that works with a panel of solicitors that have dealt with compensation claims for many years, and tinnitus claims in particular. We have a high success rate, often securing the maximum payout amounts for our clients.
We are a friendly and reliable team that will work really hard on your behalf to get you the best outcome possible. Our expertise in the personal injury claims industry is second to none and so you can rest assured that your case will be in good hands.
Talk to our team today
You’ve reached the end of our guide to tinnitus claims. Call Legal Helpline today on 0161 696 9685 if you’re looking to begin a tinnitus compensation claim, or if you’re just looking for free legal advice. Or, contact us through our website.
Our dedicated and experienced personal injury claims team are ready and waiting to work with you on your tinnitus accident claim to get you the compensation you deserve.
Useful Links
In our final section, you can find links to some more guides you may find useful on tinnitus claims, as well as FAQs on making a tinnitus compensation claim.
Have a look at our guide on accident at work claims if your tinnitus is down to your working environment.
The Health and Safety Executive (HSE)site regarding an updated review on how to deal with tinnitus risks and noise levels in the workplace.
Health & Safety At Work etc. Act 1974
HSE guide to the legislation of the Health and Safety at Work etc Act 1974.
This is the link for the British Tinnitus Association website which has lots of information regarding tinnitus including details of support groups.
These kinds of accidents could be a possible cause of tinnitus. For example, if you hit your head and sustain a traumatic brain injury.
If you have experienced noise-induced tinnitus as a result of a train accident, see this guide.
How Much Compensation Do You Get For Assault?
Read more about this kind of guide.
Other Guides You May Find Useful
Are you still seeking advice on tinnitus claims? Our advisors can be reached online or on the phone using the contact details found in this guide. Reach out today if you want more advice on how to claim for hearing damage and loss.