Home > ACCIDENTS AND INJURY > NOISE AT WORK

This fact sheet will give you some basic information about the laws protecting you from noise at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How am I protected from noise at work?
• Is there an acceptable level of noise in the workplace?
• How will I know if I've been affected?
• Can noise cause any other problems?
• What should I do if I think I've been affected?
• What can I claim compensation for?
• How do I claim compensation?

How am I protected from noise at work?

Your employer has a responsibility to protect you from high levels of noise in the workplace. They have to do noise assessments in places where the sound levels are a problem and have to take action to reduce noise where possible, for example, by improving machinery or providing hearing protection. They should also clearly mark any dangerous areas as ear protection zones and give you information on the risks of noise to your hearing.

Is there an acceptable level of noise in the workplace?

The regulations say that below 80 decibels your employer only has to take action if it won't cost much and is simple to do. If the average noise levels reach 85 decibels or above, they have to have a planned programme of noise control.

How will I know if I've been affected?

Your employer has a responsibility to protect you from high levels of noise in the workplace.

Hearing loss caused by noise doesn't usually happen quickly. Because the symptoms take a long time to develop, many people don't notice until they are in retirement and often think the problem is because they are getting older rather than because they suffered from noise at work.

The first symptoms are usually things like missing parts of a conversation or not being able to hear someone speaking if there is background noise. Many people complain of having to turn the TV up loud or that their partners think they are being ignored.

Unfortunately there isn't any cure and hearing aids are the only way to treat the problem.

Can noise cause any other problems?

The medical condition known as tinnitus can also be caused by excessive noise. This is a buzzing sound in the ears. It might be sporadic but in some cases people can hear it all the time even making sleep difficult. It can lead to anxiety and depression.

What should I do if I think I've been affected?

If you think your hearing is damaged, you should first visit your GP and ask for a hearing test. If you find that you are suffering from hearing loss and think it might be related to your work, you should seek legal advice to find out if you can claim compensation. Make sure you choose a lawyer who is an expert in this area.

What can I claim compensation for?

Because people have known about the dangers of high levels of noise for over 40 years, employers should know they have a responsibility to protect you.

So you may be able to get compensation for your hearing loss and possibly for the cost of hearing aids for the future.

How do I claim compensation?

There are four main things you need to prove to get compensation.

• Firstly, you have to show you are suffering from hearing-loss and/or tinnitus caused by noise. This is done by getting a report from a medical expert.
• Then you will need to be able to show this was caused by exposure to a particular noise. You'll need evidence of what the noise was in the workplace, including witness statements.
• You must also show your employer at the time could have foreseen you might suffer from hearing-loss or a related condition because of the noise levels.
• Lastly, you will need to show your employer was negligent. Most employers have only recently begun to warn their employees of the dangers of high levels of noise and give them suitable hearing protection.

You may be able to claim against more than one employer, even if they have gone out of business.