If you are considering making a personal injury claim for your industrial deafness, the main consideration you should have regards liability, and who you are going to make a claim with.
That is because in most cases of industrial deafness, the claim itself will be with a past employer, and usually one who ceased trading several years ago. If this is the case, then you can still make a claim, however issues may arise if it transpires that your past employer had no insurance at the time, since your claim will be with their insurer. If this turns out to be the case, then you may have to pursue the person behind the business. However, the fact is this – most industrial deafness claims are successfully processed, and it is your legal right to compensation if you are suffering from an illness that was caused by somebody else.
However, it is up to you whether you make a claim. And, should you wish to make a new claim, it is worthwhile instructing a solicitor to act on your behalf throughout the process, so that you can get on with your life, with your claim being processed in the background.
What are the next steps?
Firstly, seek legal advice from a lawyer who specialises in industrial deafness claims. Once you have a better understanding of your legal rights, and where you stand, you will be able to make an informed decision regarding whether to claim or not.
Should you wish to pursue a claim, the good news is that the process for doing to is easy and straightforward. However, you should take your time when choosing a lawyer, to make sure that the lawyer on your side is highly experienced. Your lawyer should have experience processing claims with similar circumstances to your own, and they should also have a high ‘success rate’, which is a percentage of the amount of cases they have won.
How the claims process will unfold
The industrial deafness claims process is much the same as for any personal injury claim; your lawyer will investigate your claim and build you a compelling case for compensation that is based on evidence. Your lawyer will handle the process for you from start to finish, and you will be awarded your compensation once this process is complete. Your lawyer must prove that the other side was responsible for your industrial deafness, and they must put forward a settlement demand that is fair and proportionate to your illness.
The claims process can take as little as 8-12 weeks; however, most industrial deafness claims do take several months to reach a satisfactory conclusion.