Military Injury Claims

Military Noise-Induced Hearing Loss Claims

Serving in the armed forces can often mean working in a noisy environment. Most will get used to the excessive noise after a while, but exposure can lead to very serious consequences if the proper safety measures are not taken.

If you've experienced noise-induced hearing loss while in the military because of a negligent approach to hearing protection, then our solicitors could help you claim compensation.

We've successfully pursued cases of noise-induced hearing loss caused by:

  • Gun and artillery fire
  • Mortars
  • Explosions
  • Pyrotechnics
  • Aircraft noise
  • Vehicle engine noise
  • Brass bands

Hearing loss is not the only symptom caused by excessive noise exposure. Tinnitus and hyperacusis (heightened sensitivity to everyday sounds) are also frequently caused by these cases, and you could be able to claim compensation for these conditions too.

In any hearing damage case, we consider the volume, frequency, duration and intensity of the noise that you were exposed to, and we are able to interpret audiograms and consult with medical experts to assess the damage to your hearing. We have a proven track record with hearing damage cases both for military personnel and civilians.

There has been a rising number of deafness claims made by armed forces personnel in the last few years, with many allegations of inadequate ear protection being made. If you've experienced hearing damage, call us on 0800 022 3321 or contact us online today for a free consultation on your case.




No Win No Fee*
Expert lawyers with a service background
Experience claiming against MoD since abolition of Crown Immunity in 1987
Offices throughout the UK

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Military Noise-Induced Hearing Loss Claims - More Information
    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI), this may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement. 

      Please visit our No Win No Fee page for more information on how it works.


    • How Much Compensation Can I expect?
    • How much compensation you receive after a military accident or illness will depend on a few factors related to your condition, its circumstances, and the support and rehabilitation you need.

      When calculating your compensation, we'll take the following things into account:

      • Your age, rank and specialism
      • The pain and suffering caused by your injury or illness
      • Loss of your service earnings caused by delayed promotion or medical discharge
      • Loss of any civilian earnings
      • Loss of pension contributions / resettlement grant
      • Loss of a commitment bonus
      • Loss of specialist pay and allowances
      • Loss of service benefits including loss of subsidised quarters and Learning Credits
      • Your care and support needs – both now and in the future
      • Modifications to your home
      • Mobility aids

      Any settlement is paid by the Ministry of Defence, out of a specific budget set aside for these situations. It doesn't come out of your unit’s budget, and it doesn’t come out of the budget which pays for kit, equipment and other resources.

      For more information, call us on 0800 022 3321 and we'll be happy to discuss your options in a free initial consultation



    • Will Claiming Impact My Career?
    • No. The MoD understands that they ask service personnel to do a difficult job in dangerous situations – and unfortunately accidents do happen. They recognise and respect the individual's right to bring a legal claim for injuries. Claiming won't affect your entitlement to a pension, either.

      The Ministry of Defence should not discriminate against personnel who bring compensation claims after an injury. If you're planning on continuing your service career after your claim, then there are very strict rules about discriminating against someone on this basis.


    • What's The Claims Process?
    • To make a compensation claim for a military injury or illness, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or illness, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.

      The claim will begin by sending a formal letter of claim to the Ministry of Defence. After this, the claim will usually follow the same four stages:

      1. Investigation. We'll begin by determining the extent of your injuries, and the losses they may result in. This will involve obtaining copies of your military medical notes, and any civilian hospitals you've received treatment at. We'll also need a copy of your Armed Forces Compensation Scheme file, and your personnel file.

      The MoD will undertake an investigation, which usually starts by contacting your unit to confirm details of your accident, and obtain any relevant paperwork. They may also speak to any of your colleagues who were present at the time of the accident, and can provide witness evidence.

      2. Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.

      3. Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had and your ability to get back to work. We'll put this amount to the MoD, and they can either accept liability or contest the claim.

      4. Resolution. If the MoD accepts blame, you'll be awarded compensation. If not, court proceedings will begin. 

      We will try to settle your claim on the best terms, considering options in addition to bringing court proceedings. The MoD should also do the same, as they are obliged to as a branch of government.

      Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court take over the management of you case, setting strict timetables for the exchange of documents, witness evidence and expert reports. If you do have to go to court, we'll be there to support you every step of the way. 

      If you have any questions about the claims process, please contact us today on 0800 022 3321 for your free initial consultation.

       


    • Meet The Experts
    • Our military injury team have been helping service men and women claim against the MoD since 1987. The team includes several former military personnel, and includes:

      • Geraldine McCool, who was described as the “Military Master” by The Lawyer. Geraldine is secretary of The Royal British Legion Solicitors Group and heads our specialist military injury team.
      • Paul Harrington, who completed an operational tour in Northern Ireland as a Bomb Disposal Operator. Paul brings his expertise as a former Ammunition Technical Officer and specialises in claims involving equipment, weapons, munitions and training accidents.
      • Simon Harrington, who has over 15 years of experience bringing claims against the MoD. Simon specialises in cold injury claims, having helped hundreds of service personnel to claim over £10 million in compensation for their injuries.
      • Andrew Buckham, who served in the Army for seven years before joining Irwin Mitchell. Andrew specialises in claims relating to serious and fatal injuries. He is also a trustee for the Defence Medical Welfare Service

      Meet our military injury team.

Getting the support from Irwin Mitchell with my adapted house has given me the encouragement and independence I needed to get out there and find other things I am interested in."

Ray Lowrie
Ray Lowrie

Frequently Asked Questions

What Is Noise-Induced Hearing Loss?

Noise-induced hearing loss is hearing damage through exposure to loud volumes, whether it's sudden due to a single exposure to an incredibly loud sound, or slowly caused by regular exposure to volumes that exceed safe limits.

There are a range of symptoms of noise-induced hearing loss, and sufferers may experience one or more of the following:

  • Total deafness
  • A general muffling of sound
  • Loss of a certain range of frequencies, particularly high pitches
  • As well as impairing your hearing and making it difficult to communicate with others, hearing loss has been shown to have an impact on the mental health of those who experience it. Tinnitus can also cause problems sleeping, with ringing in the ears particularly noticeable in quiet environments.

    If you've experienced these symptoms after an exposure to high volumes as part of your work in the armed forces, and you weren't given adequate hearing protection, then you may be able to claim compensation.

    If you're unsure whether or not you'll be able to make a claim, give us a call on 0800 022 3321 for a free initial consultation, and we’ll offer expert advice on your options.



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    What Hearing Protection Should I Have Been Given?

    Employers have a duty of care to take reasonable steps to protect their employees' hearing while at work – and the Ministry of Defence is no different.

    As a member of the armed forces, you often have no choice in your working environment, and avoiding loud noises isn’t always possible. This makes it all the more vital for appropriate hearing protection to be provided to service personnel when needed.

    The steps that should be taken to protect your hearing include:

    • Assessing the sources of noise and the risks they cause
    • Reducing volume levels as much as possible through noise control, such as sound absorption materials
    • Ensuring volumes don't regularly exceed 87dB, or go beyond peak levels of 140dB
    • Providing adequate hearing protection if requested, or if noise levels are above exposure limits
    • Identifying and signposting areas where hearing protection is needed
    • Making sure hearing protection is properly maintained

    If you feel that you haven't been given adequate hearing protection in noisy environments, and that this has resulted in hearing loss or tinnitus, then you may be able to claim compensation. If you have any concerns or questions, call us on 0800 022 3321 for a free initial consultation about your case.



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    Why Choose Irwin Mitchell For A Military Noise-Induced Hearing Loss Claim?

    Claiming compensation from any employer can be a daunting prospect - let alone pursuing a case against the Ministry of Defence - so it helps to have the experts on your side. We understand the concerns that you might have following an injury, with a number of our specialist military lawyers coming from service backgrounds themselves.

    We have a proven track record in making compensation claims against the Ministry of Defence and its insurers. Our work in noise-induced hearing loss claims for both service personnel and civilians has resulted in a number of high-profile settlements, including:

    We pride ourselves on being a full service law firm, and offer ongoing support to our clients after a claim has ended, which is particularly important if your injury has resulted in the loss of your service career. We can help through a number of our personal legal services, providing support with:

    • Buying or selling a house
    • Divorce, children and family matters
    • Employment difficulties
    • Financial planning including tax and trusts
    • Wills, trust and probate services

    If you have any questions or concerns about making a claim, and how we can help, call us today on 0800 022 3321 for a free initial consultation. We’ll discuss your case with you, and offer their expert advice on your options.


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    Awards and Accreditations

    We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.


    "They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
    We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
    "'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

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    Royal British Legion

     

    We're proud to be part of The Royal British Legion Solicitor's Group


    Our Armed Forces Expertise

    Since 1987, our specialist military injury team has helped hundreds of injured personnel from the Army, RAF and Royal Navy to claim compensation. We are considered one of the top law firms in the country for military claims and several cases we were involved in were recently featured in the Chilcot Inquiry.

    We work closely with a number of Armed Forces welfare branches and organisations, and are the PAX appointed legal representatives under the PAX Personal Accident Insurance Scheme. We're also proud supporters of:

    • The Royal British Legion Solicitors Group
    • Help For Heroes
    • SSAFA Forces Help

    Several of our solicitors were part of team that recently won The Claims Innovation Award for Legal Service Team of the Year (2016) for their pro bono work within The Royal British Legion Solicitors Group (TRBLSG).


    Our Offices

    Our offices are located in major cities throughout the UK and have excellent transport links.

    Start Your Claim Today

    To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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