Injuries to the ear can be painful and debilitating. While external blows to the ear could lead to bruising and swelling, exposure to loud noise could cause tinnitus or deafness. Importantly, if you’ve suffered an ear injury through no fault of your own, you could be eligible to make an ear injury claim for compensation.
In this guide, we’ll look at the types of ear injury claims that could be made and explain how the claims process works. Additionally, we’ll look at how much compensation for an ear injury might be awarded.
Our specialist advisors are ready to help if have questions about ear injury compensation claims. During a free initial consultation, they’ll assess the merits of your claim with you and review your options. If there’s a fair chance you’ll be compensated, one of our personal injury solicitors could agree to represent you. If that happens, they’ll manage the whole case for you on a No Win No Fee basis meaning you’ll only pay for their work if you’re compensated.
To find out more about claiming compensation for an ear injury, please read on. If you’re ready to talk to us about your claim, you can call us on 0800 6524 881.
Table of contents
- Am I Eligible To Make An Ear Injury Compensation Claim?
- Common Accidents Leading To Ear Injury Claims
- Common Types Of Ear Injuries
- How Much Compensation For An Ear Injury Could I Claim?
- Average Ear Injury Compensation Amounts
- Evidence To Support An Ear Injury Claim
- Time Limits For Claiming Ear Injury Compensation
- Starting The Ear Injury Claims Process
Filing a successful ear injury compensation claim is not always straightforward. To win your claim, you must be able to prove that the injury was caused by somebody else and that that particular incident caused your injuries.
The first place to start if you believe you have an ear injury claim is to contact a personal injury solicitor for a free consultation. This provides potential claimants with the opportunity to discuss what has happened and get expert advice, free of charge.
During a free consultation, some of the criteria our solicitors would check before accepting an ear injury claim include:
- The defendant owed you a legal duty of care; and
- As a result of the defendant’s negligence an accident or incident occurred; which
- Caused you to suffer an ear injury.
Duty of care is established by various laws. For example, if you sustained an ear injury at work, the Health and Safety at Work Act 1974 might apply. Another example might be that the Road Traffic Act 1988 could be relevant if you suffered an ear injury during a car crash. Don’t be too concerned about which law might apply in your case as your solicitor will identify this quite quickly during your consultation.
However, you could help make the claims process go more smoothly by collecting evidence to prove why you’ve suffered. We’ll explain this in more detail later on.
It is possible to sustain an ear injury in a variety of different accidents and can be external or internal. External ear injuries typically result from a direct blow to the ear, while internal ear injuries may result either from physical impacts such as getting hit, or exposure to loud noise.
These are some of the most common causes of ear injuries:
- Workplace accidents. If you’ve injured your ear at work in an accident caused by your employer, a claim might be possible. For example, you could claim if an item of stock fell and struck your ear because it had been poorly stacked, or falling from height in the absence of proper protective measures.
- Exposure to loud noise at work. The Control of Noise at Work Regulations 2005 means that employers must consider safety changes and implement them if noise levels in the workplace regularly exceed certain levels. Additionally, risk assessments should be carried out if there is a risk of being exposed to explosions or other loud noises at work. Therefore, if you’ve suffered hearing loss or tinnitus because of a lack of soundproofing, personal protective equipment such as ear defenders or a lack of rest breaks in a quiet area, you may be eligible to claim.
- Road Traffic Accidents. The impact resulting from a road traffic accident can result in several different types of injuries to the outer, middle, and inner ear. Broken glass shards or broken metal can result in severe lacerations and bruising to the outer ear. Foreign objects entering the middle ear can damage the middle ear and direct trauma to the head can injure the inner ear.
- Slips, trips and falls. Ear injuries can occur if you fall awkwardly and could lead to a personal injury claim if the accident was caused by negligence. For example, if you injured your ear after you slipped in a supermarket because of spillage, you could claim if the retailer had failed to clear it up swiftly or cordon off the area with warning signs.
- Sports accidents. Some ear injuries sustained in contact sports like rugby are just part and parcel of the game. However, if you’re injured while playing sport because of a poor playing surface or defective equipment, you may be eligible to seek damages.
- Assault. While criminal injuries don’t usually result in personal injury claims, you could be compensated by the Criminal Injuries Compensation Authority (CICA) if you suffer an ear injury such as a perforated eardrum after an unprovoked attack.
Even if we’ve not described a scenario similar to your own, please get in touch if you’d like us to check if you could be entitled to compensation for an ear injury.
Essentially, any form of ear injury caused by somebody else could mean you could sue them for compensation. Perhaps the most common injuries affecting the ears that lead to a claim include:
- Cuts, lacerations and scarring.
- Swelling and bruising.
- Partial or complete ear amputation.
We strongly believe the chances of winning a personal injury claim improve if you are represented by a specialist solicitor.
Tinnitus is a condition where you can hear noises in your ear that are not coming from your surroundings. The most common symptoms of tinnitus, according to the NHS, include ringing, humming, hissing, buzzing, throbbing, whooshing and music or singing that is not there.
If you suspect your hearing is getting worse, a GP or audio specialist may carry out tests to determine the extent of your hearing loss. These include speech perception tests, tympanometry tests and pure tone audiometry tests.
If you are successful and are awarded compensation for an ear injury, it could cover:
- Any physical suffering.
- Mental health injuries such as PTSD.
- Loss of enjoyment of your usual activities or hobbies (loss of amenityy compensation) such as listening to music.
- Care costs.
- Travel expenses.
- Medical costs.
- Loss of earnings and future losses too for longer-term injuries.
- Aids and devices to help you cope with any ongoing reduction in your hearing.
As you can only claim compensation once for your ear injury, it’s vital that you include everything in your claim. If you work with one of our personal injury solicitors, they’ll be as thorough as possible to try and secure the maximum level of compensation possible.
The ear injury compensation amounts below are in relation to general damages and are of course not the only type of injuries that can occur to ears and hearing. There can also be injuries from botched or infected ear piercings, or scarring to the ears from an assault at work for example.
- Total deafness – £90,750 to £109,650.
- Complete hearing loss in one ear – £31,310 to £45,540.
- Severe Tinnitus and hearing loss – £29,710 to £45,540
- Moderate Tinnitus and hearing loss – £14,900 to £29,710.
- Mild Tinnitus and some hearing loss – £12,590 to £14,900.
- Mild Tinnitus only or mild hearing loss only – In the region of £11,720.
- Slight Tinnitus and slight hearing loss – £7,360 to £12,590.
- Slight hearing loss only or slight Tinnitus only – Up to £7,010.
Please bear in mind that these amounts are not guaranteed.
As part of your claim, you will need to be assessed independently by a medical assessor. The specialist will usually meet you locally to examine your ear injury and to find out how you’ve been affected by it. They’ll then send your solicitor a medical report to explain your prognosis.
The best way (in our opinion) to determine what settlement you might be entitled to for both general and special damages is to consult with a personal injury solicitor.
In any personal injury claim, evidence is needed to prove a) how the accident occurred, b) who caused it and c) how your injuries have affected you. Without this evidence, you could miss out on the compensation you might be entitled to. Therefore, as part of your ear injury claim, your solicitor may try to obtain:
- Medical records from the GP or hospital that diagnosed and treated your ear injury.
- Accident report forms if you were injured at work or on a business’s premises.
- Witness statements from colleagues for example to confirm your working conditions.
- CCTV or dashcam footage of the accident occurring.
- Photographs taken at the accident scene or your visible ear injuries.
Additionally, you will need to provide receipts, invoices, bank statements and payslips for calculating loss of earnings etc that you wish to claim back for special damages.
You must make your claim within a 3-year time limit to avoid missing out on any settlement that’s due. For ear injury claims, that could start from:
- The date of an accident; or
- Your date of knowledge i.e. when your condition was diagnosed.
Where the claimant is a child, the time limit will not start until their 18th birthday. However, a parent or guardian can claim on their behalf at any time before the child becomes an adult if they’re approved as a litigation friend. You can read the following guide to what a litigation friend is for more information on that process.
If you’d like to make an ear injury compensation claim, please call us on 0800 6524 881 to discuss your options. A specialist from our team will review your claim with you and answer any queries that may arise.
If your claim is taken on by one of our solicitors, they’ll manage everything on a No Win No Fee basis. That should mean lower stress levels throughout the claims process.
We have a team of live chat specialists on hand if you would like to know anything else about making an ear injury claim so please feel free to contact them.