Pursuing a civil claim against the Armed Forces with Irwin Mitchell could result in a much larger compensation award than if the claim had only been made through the ACFS, which came into force in 2005.
Under this Scheme, current and former members of the Armed Forces can pursue claims for compensation for a number of injuries and illnesses, including noise-induced hearing loss. However, the scheme only covers injuries and illnesses which were caused on or after 6 April 2005.
Challenges You Might Face When Claiming
It can be tricky to pursue a claim via the AFCS. Out of those that had been cleared by 31 March 2014, only half were successful in claiming compensation.
Even if you were to succeed with a hearing loss claim under the AFCS, the amount of compensation you receive simply might not be enough to help you in your day-to-day life. Unless you’re suffering with an average hearing loss of over 50dB, the average award under the AFCS is just £6,000. To put this into perspective, the average hearing loss across the speech frequencies for an 80-year-old man is somewhere between 26dB and 31dB.
In addition, awards under the AFCS are based on your hearing loss averaged over the frequencies of 1, 2 and 3kHz. However, exposure to gunfire or explosions will often produce significant hearing losses in other frequencies too.
How We Can Help
We understand the long term effects that exposure to excessive levels of noise can have on a person’s life. We’ve acted for many current and former members of the Armed Forces in cases of noise-induced hearing loss, so we know the impact that a loss of hearing can have on a career in the military.
In many cases, exposure to noise will not only lead to a medical downgrade, but a person’s entire career can be cut short. This can lead to a significant loss of earnings, which a £6,000 award under the AFCS simply wouldn’t cover.
If you pursue a civil claim with our military injury team, we could help you to claim a much larger compensation sum than you would be awarded under the AFCS. Our military hearing loss solicitors have settled cases for up to £150,000, so you know you’re in safe hands with us. We have a wealth of experience within the department, with many of our team coming from an ex-military background.
"First-rate firm Irwin Mitchell is praised for its 'fantastic client care', 'proactive approach', 'unusual diligence' and 'up-to-the-minute grasp' of legal issues."
Legal 500, 2014
Irwin Mitchell "maintains a superb reputation for its expertise on a range of matters, including serious spinal, brain and amputee claims."
Chambers & Partners, 2015
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