Deafness – The Invisible Disability
From the Manchester Evening News, 3 May 2007:
"Noise induced hearing loss is an invisible disability which comes on gradually over a long period of time. The sufferer may be the last to accept that he or she has a problem.
Even when they do realise that their hearing is not as sharp as it used to be, they are often at an age where they might expect their hearing to be deteriorating due to the normal ageing process. They may have worked hard all their lives in conditions which many would find unacceptable. The likelihood is that they will be unfamiliar with the legal process, and will not know who to ask for advice. The worry of high legal costs is likely to put many people off seeking the advice of a Solicitor.
The Courts have strict time scales within which claims can be made. This means that otherwise good claims may be unsuccessful because the Claimant has left it too late before taking the first step towards obtaining the compensation they deserve for the injury they have suffered as a result of the conditions they have worked in.
Improvements have been made in the claims process, and in funding of claims, which have made justice accessible to more people. If a claim has a reasonable prospect of success, a Solicitor will be prepared to take on the claim on a “no win no fee” basis.
Many employers will accept responsibility, and, in the majority of cases, a settlement can be obtained without taking the matter to court.
It will be necessary in every case to prove that the noise an individual has been exposed to at work has resulted in damage to his or her hearing, so the opinion of a medical expert will need to be obtained.
If you suspect that you may be suffering from noise induced hearing loss, it is important to consult a Solicitor with expertise in this area of work as soon as possible.
- Moira Lythgoe "
Moira is a senior solicitor in the firm's Industrial Disease Team and a contributor to Law & You in the Manchester Evening News.