Who is eligible to Claim Military Hearing Loss Compensation?
Military hearing loss compensation is available to armed forces personnel and veterans whose hearing impairments can be directly linked to a negligent act or omission of the armed forces. Typically resulting from regular exposure to loud noises from gunfire, aircraft, and heavy machinery. Symptoms of noise-induced hearing loss can range from a constant ringing in your ear (tinnitus), sensitivity to sound (hyperacusis), partial deafness where sounds outside a certain range can’t be heard, or total deafness in one or both ears.
To be eligible for military hearing loss compensation, claimants will need to have served or be serving in one of the following as either a regular or a reserve:
- British Army
- Territorial Army
- Royal Marines
- Royal Navy
- Royal Air Force (RAF)
Although being medically discharged due to hearing loss is not necessary, the hearing injury must be directly linked to military service. It is also essential that a claimant’s service includes a period of noise exposure after May 1987. Unfortunately, claims cannot be pursued for those who served exclusively before this date, even if they are able to prove without the shadow of a doubt that their hearing loss is a direct result of their time in the armed forces. If your service was both before and after May 1987 you would still have a claim but may need to disregard the earlier years.
Another critical aspect of eligibility is proving sufficient noise exposure took place during the service period. This might include activities like time spent on firing ranges, participation in live or blank firing exercises during basic training, or exposure to loud environments in the UK or overseas. However, any noise exposure experienced during live combat is excluded from military hearing loss compensation claims due to a legal principle known as ‘combat immunity’.
The conditions covered above form the foundation of determining whether someone is eligible to pursue a claim for military hearing loss compensation, but there are a few other things that may or may not need to be taken into account.
For instance, you are able to claim military hearing loss compensation even if you are or have previously pursued an Armed Forces Compensation Service (“AFCS”) claim for a hearing injury, but not if you’ve pursued a separate civil claim. This is due to the AFCS scheme being a non-fault scheme, so although you may have suffered an injury during your time in service, you do not need to prove or think there is any negligence on the part of the MOD when submitting that claim.
That said, if you have previously submitted an AFCS claim for a hearing injury, you will still need to provide details of that claim.
There are time limits for making military hearing loss compensation claims. It is always best to take specialist legal advice quickly to ensure your claim meets the time scales and is processed without delay. We would recommend speaking to a personal injury solicitor who specialises in deafness claims so they can provide the best-tailored advice.
If based on the above you believe you or someone you know is eligible to pursue a military hearing loss compensation claim, contact us today for a free no-obligation consultation. GA Solicitors’ operates on a No Win-No Fee basis for MOD hearing loss 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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