Military Deafness Claims – What Exposure Can I Claim For?
Military noise-induced hearing loss has been the subject of broad public interest over the last few years, owing to the major breakthroughs conceded by the Ministry of Defence (MOD). Thousands of personnel, serving or discharged, are making successful military deafness claims and obtaining monetary compensation for the hearing loss/hearing issues that they have suffered as a result of their time in the military.
If you are exploring making a military deafness claim, understanding how and when the hearing loss suffered may affect your eligibility is crucial. Military hearing loss can be caused by exposure to noise in many different environments, but you may only be able to make a claim if you have been exposed in certain circumstances.
What are the different types of exposure?
Military hearing loss and damage can be caused either as a result of exposure during training or sustained as a result of exposure during active combat. In military deafness claims, there is a notable distinction between the types of damage sustained due to the fact that the MOD benefit from something called “Combat Immunity”. This essentially excuses the MOD from their duty of care whilst in the course of military operations. Therefore, the MOD cannot be held liable for any damage or loss sustained as a result.
Can I still make a military deafness claim if the exposure was during active combat?
If your military hearing loss was caused by exposure during active combat, you should not be deterred from the possibility of making a military deafness claim. Due to the structure of this litigation and the difficulty in pinpointing the exact date of injury, owing to its progressive nature, proof of exposure to military noise can be directly linked to the training provided by the MOD throughout the course of service.
Over the course of our engagement in these types of claims, we have noticed various similarities and practices maintained by the MOD throughout the individual services and barracks. In fact, our clients resoundingly provide similar accounts with regard to their training and the attitude of their seniors when it comes to equipping ear protection.
Examples of eligible exposure
For example, our clients unilaterally report that, during basic training when firing with live ammunition on the ranges, their seniors would instruct them to push back one side of the ear defenders, exposing the ear to significant noise, so that the soldier can hear the orders of their senior. In cases such as this, we notice a significant anomaly concerning the amount of hearing loss between the left and right ears.
Similarly, many of our clients making military deafness claims recount a time during night navigation training when they were ambushed with blank rounds and thunder flashes and given no time to equip their hearing protection. In doing so, they were directly exposed to the loud bangs and shots, which inadvertently caused damage to their unprotected ears.
A common issue is raised regularly by an overwhelming portion of our clients, and that is that the ear defenders provided are not fit for purpose. Commonly, we have discovered that personnel were provided with the big green ear defenders or yellow foam ear plugs, both of which did not adequately prevent damage to the ears. In fact, an abundance of personnel report that the yellow foam ear plugs fell out often, causing them to be lost. If they were lost during training, the only opportunity for an extra pair to be provided was often back at camp. This would leave them exposed in training exercises that involve live firing, pyrotechnic explosions and artillery fire.
Exposure can occur at any stage of training in the MOD, not just initial training. Our clients have reported that even during the pre-deployment training throughout their service, they were exposed to similar instances which they felt had damaged their hearing. In particular, this could also be owed to the barracks in which they trained. For example, some of our clients have described a shooting range which was located in an underground metal bunker, meaning that upon taking the shots, the sound reverberated across the entire room at a higher level than it would have done if the range was located in the open above ground.
How to tell if you are suffering from military noise-induced hearing loss
Military hearing loss presents in many different ways and can take some time to develop fully. We have noticed that many of our military deafness claims clients weren’t aware of their hearing loss until they had actually left the service and had it pointed out to them by family members or friends. Common symptoms we encounter are: –
- Difficulty hearing conversation clearly, especially in noisy areas
- Watching the television or listening to music at a volume higher than usual
- Difficulty hearing on the telephone
- Asking people to repeat themselves often
- Ringing or buzzing in the ears, especially noticeable at night time
- Pain or discomfort in the ears when exposed to loud noises
You may be eligible to pursue a military deafness claim against the MOD if you have been employed or are currently employed in the following sectors as either a regular or a reserve: –
- British Army
- Territorial Army
- Royal Marines
- Royal Navy
- Royal Air Force (RAF)
If, based on the above, you believe you or someone you know is eligible to pursue a military hearing loss compensation claim, contact our specialist solicitors in Plymouth today for a free, no-obligation consultation. GA Solicitors operates on a No Win-No Fee basis for military deafness claims and our team of personal injury solicitors will be happy to quickly run through the eligibility criteria in more detail with you.
For further information, please read our guide on how to make a military hearing loss claim or contact GA Solicitors Plymouth office on 01752 203500 for more information.
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