Can Royal Fleet Auxiliary Employees Make Noise Induced Hearing Loss Claims?
If you have served in the Royal Fleet Auxiliary (“RFA”), it may not often be clear where you stand in regard to making noise induced hearing loss claims. Unfortunately, there is not a lot of information online on this topic, which has led to a lot of employees of the RFA believing that they are not able to claim at all.
Here at GA Solicitors, we have experience in handling both standard Noise Induced Hearing Loss claims (“NIHL”) and Military Noise Induced Hearing Loss claims (“MNIHL”). Due to the fact that the RFA is a civilian maritime force, it is not classified as part of the military. This excludes employees from making a military noise induced hearing loss claim; however, that does not prevent the employee from making a standard noise induced hearing loss claim if their hearing has been damaged through workplace noise exposure.
MNIHL v NIHL Claims
The differences between military noise induced hearing loss claims and noise induced hearing loss claims are minimal, but there are some important factors to consider.
For example, in MNIHL claims, servicemen cannot claim for any injuries sustained pre-1987 due to the Crown Proceedings Act 1947. This Act prevented government departments, including the Ministry of Defence (“MOD”), from being prosecuted for any injuries sustained by servicemen. This means that, for those who left the military prior to May 1987, there is no way to claim for the injuries they have suffered. However, for NIHL claims, this does not apply, even if the employer was the MOD, as they are not classed as servicemen.
Another difference is that MNIHL claims are being run under a group litigation with an agreement called the Matrix. This essentially allows for a percentage deduction on damages based on the date of discharge from the military, and the MOD conceding some arguments, such as limitation (how long you have to make a claim from the date of injury) and that they had breached their duty of care (allowed the employee to become injured when reasonable provisions were not taken to prevent this).
The Matrix agreement is so favourable as it eliminates the litigation risk (the risk of the case failing or going to Court) and it will streamline the claims to make them resolve faster. There is no such agreement for standard noise induced hearing loss claims; however, it is hoped that the MOD will consider maintaining their position in this regard when settling NIHL claims. There is, however, no guarantee that they will.
What Types of Noise Exposure Can Cause Hearing Loss in the RFA?
The RFA is a maritime service, based mainly on or around military ships, providing support to the Navy. In some instances, the RFA may even support the Navy abroad in active warfare, of which they are considered combatants under the Geneva Convention.
RFA employees can therefore typically be exposed to the following noise exposure throughout their employment: –
- Noise from the ships
- Noise from large engines
- Noise from vehicles
- Noise from aircraft
- Noise from personal weapons (even if training was occasional)
- Noise from active warfare
Though some noise exposure may not be claimable, such as the exposure sustained in active warfare, there is sufficient medical evidence that the prolonged and persistent exposure of noise from things such as a ship engine can be enough to cause acoustic trauma. This means that many RFA employees could have valid noise induced hearing loss claims if their employer failed to take reasonable steps to protect their hearing.
Noise Induced Hearing Loss Claims for Royal Fleet Auxiliary Employees
If you are working/have worked for the RFA and are finding that you are suffering from the following symptoms, you may be able to make a noise induced hearing loss claim: –
- Mishearing words when having a conversation
- Being unable to hear or follow conversations where there is background noise
- Having to turn up the television more than others find necessary, or needing subtitles
- Mishearing or missing out on things told to you in passing
- Suffering from a ringing or buzzing in the ears, which is known as tinnitus
- Finding certain noises seem to cause you pain in your ears, which may be a sign of hypersensitivity.
These symptoms often develop gradually, meaning that many people are unaware they have suffered hearing damage until years after their workplace noise exposure.
Speak To Our Specialist Team
If you would like to find out more about how our specialist industrial hearing loss team can help you secure compensation, then call 01752 203500 or use our online contact form. The team is highly experienced in handling noise induced hearing loss claims and is ranked in celebrated legal directories, The Legal 500 and Chambers UK, so you can be assured you are in the best possible hands.
You can also contact us by emailing enquiries@GAsolicitors.com.
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