The government claim portal introduced in 2013 limited lawyers costs for straightforward liability claims. The reforms did not cover noise induced hearing loss claims because hearing damage can occur over many years whilst a claimant works for a number of employers. This resulted in lawyers actively encouraging noise induced hearing loss claims to be made by individuals who have worked in noisy environments. The Association of British Insurers (ABI) estimates that for every &1 paid in compensation to a claimant, at least &3 is paid to the claimants’ lawyer. Clearly claimant lawyers are still keen to take these claims, as they are a good source of income.

According to the ABI the number of noise induced hearing loss claims increased by 189% between 2011 and 2014. Whilst the number of new claims is starting to slow, the ABI is calling for further reforms to ensure that only genuine claims are made. The reforms suggested by the ABI include a ban on cold calling, rules to ensure a consistent standard of audiologists in a similar scheme as specialist who diagnose whiplash and fixed legal fees for claimant lawyers.

Many claims for noise induced hearing loss fail. The claims fail due to poor of quality evidence, as the claimants hearing damage cannot be definitely linked with their employment. To successfully defend claims, a business has to keep good records, we recommend:

- Records of locations that employees worked in and employment dates linked to noise assessment results and noise maps

- Records of personal noise exposure levels of employees

- Records of the hearing protection types provided and the attenuation of noise exposure resulting from the hearing protection equipment provided

- Records of pre-employment audiometry, audiometry sessions during employment and a record of the audiometric test on leaving employment

- Records of disciplinary procedures relating to non-compliance with noise control procedures

Every employer in the UK must have Employers’ Liability cover in place in order to protect all parties in the instance that an employee is injured, impaired or suffers disease during employment. We can help you manage this obligation with minimum effort and help to ensure you have the appropriate cover in place.