What’s Needed To Bring A Military Hearing Loss Claim?
Military Noise Induced Hearing Loss (MNIHL) is a recognised medical, personal injury condition. It can arise from repeated, prolonged exposure to excessive noise over many years, such as naval engine rooms, military aircraft or armoured vehicles. MNIHL can also be caused suddenly by exposure to short bursts of very high noise levels, such as gunfire or explosives. It is widely accepted that exposure to loud noise without hearing protection can lead to noise-induced hearing loss, tinnitus and hyperacusis.
Many veterans, and those currently serving, have been exposed to excessive noise, particularly during basic training and later training exercises, which, although not noticeable at the time, damaged their hearing. The effects can be devastating and vary significantly from individual to individual. However, some comfort can be found in the fact that, if you believe your hearing has been damaged in this way, you could be eligible to make a military hearing loss claim.
To bring a military hearing loss claim, you will need to establish a link between your hearing damage and your military service. This involves demonstrating that your hearing impairment is due to exposure to loud noise sustained during your service.
What Does The Law Say About Military Hearing Loss Claims?
Prior to May 1987, there was a legal rule called “Crown Immunity” that protected the Ministry of Defence (MOD) from being sued for personal injury claims brought by military personnel. However, in 1987, the Crown Proceedings Act was passed, which removed this immunity.
Since May 1987, the MOD has owed a common law duty of care to its employees, including service personnel, to protect them against foreseeable risks of exposure to excessive noise. The MOD has also owed statutory duties to control noise and protect against the harmful effects of noise, since 1 January 1990, firstly under the Noise at Work Regulations 1989 and since 6 April 2006 under the Control of Noise at Work Regulations 2005.
Post May 1987, the MOD is liable for any breach or breaches of that legal duty that caused injury/losses to armed services personnel. Provided that at least part of your service occurred after May 1987, you may be able to bring a military hearing loss claim.
Evidence Required For A Military Hearing Loss Claim
Even small amounts of Military Noise Induced Hearing Loss can result in a material impairment. The effect of Military Noise Induced Hearing Loss will also vary depending on the social, recreational, educational and employment hearing demands of an individual.
At GA Solicitors, we have significant experience in supporting both serving and former military personnel with military noise-induced hearing loss claims. We act on a no-win, no-fee basis to help all people secure the access to justice they deserve.
To be able to bring a military noise-induced hearing loss claim, it will be necessary to show:
- You have a hearing injury, such as hearing loss; ringing in your ears (tinnitus); or hypersensitivity to noise; and
- Your period of service in the armed forces includes a period after 1987; and
- You have been exposed to loud noises such as gunfire or explosions (after 1987) in training or on exercises, without adequate hearing protection; and
- This exposure is more likely than not to have caused your hearing injury.
If you believe you could be eligible to make a military hearing loss claim, our expert solicitors in Plymouth can help you. Please contact us on 01752 203500 or by emailing enquiries@GASolicitors.com for more information.
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