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Military Hearing Loss Claims

If you experienced hearing damage as a consequence of your time in the armed forces, you may be entitled to compensation. Military personnel often work in noisy environments, from brass bands to, gunfire, exploding bombs, and jet engines and they can be exposed to loud noises in a variety of different situations both in training and in the field.

Hearing damage can be caused by a single loud sound, such as a gunshot or explosion, or by long-term exposure to high volumes. If there is hearing damage which was no fault of your own and it occurred during military service, then it may be possible to file a military hearing loss or tinnitus claim.

Approximately 300,000 former military personnel suffer from hearing damage and tinnitus (a ringing, buzzing or humming noise in one or both ears), and while some may not wish to pursue a claim, either out of loyalty to their regiment or because they believe it is a risk of the job, many are entitled to seek compensation. In 1987, Crown Immunity, which granted the MOD immunity from prosecution, was lifted, allowing military personnel to file claims for compensation for illness or injury suffered during their time working for the MOD, even if they have previously been denied via the Armed Forces Compensation Scheme (AFCS) or the War Pension Scheme (WPS).

Hearing damage can significantly impact an individual’s quality of life, making communication more difficult and potentially causing ongoing psychological issues,challenges and not to mention financial expense. When pursuing a claim for deafness or hearing damage resulting from military service, all factors that caused the damage and how it impacts the individual’s quality of life will be taken into consideration.

You may have experienced one or many of the following:

  • Delays in identifying or diagnosing hearing damage that resulted in further damage
  • Training in excessively loud environments without proper instruction on hearing protection
  • Hearing damage caused by a negligent use of weapons
  • Incorrect diagnosis of hearing damage
  • Lack of proper, sufficient hearing protection

Military Deafness Causes

There are a wide variety of specific causes that can lead to a loss of hearing whilst serving in the military. By the nature of the job military personnel will be exposed to various levels and types of loud noise. These can range from short, extremely loud bursts to prolonged exposure to lower, yet still harmful, volumes of sound.

Aspects of military service where there is a danger of incurring damaged hearing includes:

  • Gun and artillery fire
  • Explosions from bombs, missiles, mortars, mines, or IEDs (Improvised Explosive Devices)
  • Noise from vehicles, including ships, tanks, trucks, and armed personnel carriers
  • Noise from aircraft for pilots, air crew, and ground crew
  • Military bands

Military personnel who are frequently exposed to noise levels of 85 decibels or higher should receive training in handling high volume exposure and be supplied with appropriate personal protective equipment, such as hearing protection. However, in many circumstances, it may not be possible for military personnel to follow health and safety protocols designed to reduce the risk of hearing loss, such as being able to take a regular break from loud noise sources. These precautions are naturally unlikely to be implemented during combat situations, even if breaks from active combat are possible.

There are three broad categories of noise that can lead to hearing problems for military personnel, these being; vehicles/motors/engines, guns/weaponry and music.

Vehicles/Motors/Engine Noise

It is less hazardous to be on the flying aircraft, driving a vehicle or sailing on deck when it comes to noise hazards, but when posted to engine rooms of ships or flight decks the average level of decibels can be extremely loud and hazardous if insufficient protection has been supplied.

The flight deck on an aircraft carrier can be one of the loudest environments on the ship with noise levels recorded up to 160 decibels. Helicopter and jet pilot often experience sound levels in excess of 100 decibels whilst training and on active service.

Guns/Weaponry

The noise from operating firearms can reach up to 159db, with a similar noise level from hand grenades when they explode. Whereas an anti-tank weapon can emit over 180 decibels when operated.

Given that a burst of sound above the 140-decibel range can cause irreparable damage to hearing it is common for military personnel to experience some form of hearing impairment if they have been exposed to this level of noise with inadequate hearing protection.

Hearing loss and tinnitus caused by gunfire is a common and preventable occurrence. Even a single gunshot close to an unprotected ear can cause permanent and irreversible damage. It is crucial to always wear proper hearing protection while training on firing ranges, and to ensure that others do as well. Unfortunately, this has not always been the case in the past.

Music

An overlooked area for personnel within the armed forces to experience hearing damage is for those that are military band musicians. Although the level of noise is often not as high as would be experienced from gunfire for instance, it is still sufficiently loud to cause hearing damage if there has been no health and safety measures in place to protect the hearing of the musicians.

When a military brass band is playing at full volume, they can reach in excess of 150 decibels.

Military Hearing Loss Claim Amounts

The question of how much can be claimed for military hearing loss is one of the most important, but also difficult, questions to ask. There are a number of different factors that need to be addressed in relation to the claim, however, the compensation amount for military deafness and tinnitus can be as high as £100,000 (general damages) for those that experience profound hearing difficulties due to their service in the armed forces.

However, in addition it is often possible to claim for special damages which amounts to an award of money above and beyond the general damages award. Factors that can be taken into account when assessing the special damages element for hearing loss claims against the MOD include –

Loss of career

If the hearing damage caused by military services meant that it was mandatory to leave the armed forces then it is possible that there could be a substantial award for loss of career and loss of future earnings.

Future career

The hearing loss caused by inadequate protection during military service could also present problems in seeking future employment away from the armed forces. If future career opportunities are limited then this restriction could also form part of a claim.

Hearing aids

Military hearing claims could include claiming for the cost of suitable hearing aids both for current and future use.

There are no specific limitations on what can be claimed under the category of special damages.

Military Hearing Loss FAQ

What is a military deafness claim?

A military deafness claim is a legal action taken by a current or former member of the UK armed forces who has suffered hearing loss or tinnitus as a result of their military service.

Am I eligible to make a military deafness claim?

To be eligible to make a military deafness claim, you must be a current or former member of the UK armed forces and have suffered hearing loss or tinnitus as a result of your military service.

What types of injuries are covered by military hearing loss claims?

Military deafness can cover any hearing loss or tinnitus sustained as a result of military service, including injuries sustained in combat, training accidents, and exposure to loud noises on military bases.

How do I start the process of making a deafness claim?

To start the process of making a military deafness compensation claim, you should speak to a lawyer who specialises in military compensation claims. They will be able to advise you on the specific steps you need to take, which may include gathering medical records and other documentation to support your claim.

Can I make an armed forces deafness claim if I was discharged from the military due to my injury?

Yes, you may be able to make a military deafness claim if you were discharged from the military due to hearing loss or tinnitus sustained during your service. You should speak to a solicitor to determine your eligibility.

How long does the process of making a military deafness claim typically take?

The process of making a military deafness claim can take some time, as it involves gathering evidence and negotiating with the relevant authorities.

Will I have to pay any fees to make a military deafness claim?

Many lawyers who specialize in armed forces deafness compensation claims work on a no win, no fee basis, which means that you will not have to pay any fees upfront for the claim. If your claim is successful, you will be required to pay a set percentage of your compensation award to the law firm running your case.

Can I make a claim for hearing loss of my military services was pre-1987?

A law firm will look at cases of military deafness that occurred pre-1987 but the likelihood of success is typically significantly lower than if the hearing damage occurred post-1987. This is because in 1987 Crown Immunity was removed which meant that the MOD could no longer claim immunity from prosecution for deafness injuries sustained from military service or training from 1987 or later.