Noise induced hearing loss (NIHL) affects many people who have worked in a noisy environment without the right hearing protection or training from their employer. Serving in the Armed Forces can often mean working in a noisy environment which may lead to permanent noise damage, especially if basic safety equipment has not been provided.
Caring for our clients
The clients we act for and their circumstances are all unique, reflecting the varied roles that employment in the Armed Forces brings. We’re frequently instructed by serving personal and veterans who may have been exposed to hazardous and damaging levels of noise in various roles.
The Military of Defence (MoD) spends significant sums of money providing personal protective equipment, but sadly, sometimes things go wrong. The effect on the serviceman or woman involved can be devastating and ultimately mean a lost career in the Armed Forces and difficulties as they transition into civilian life.
Chris’ story
Carol Purang, our expert in NIHL, recently helped Chris, a fast jet pilot who was working for a third party aerospace company. As a result of a faulty cockpit he now suffers from noise induced hearing loss, severe tinnitus and hyperacusis – an increased sensitivity to noise.
Prior to flying fast jets, Chris had flown in the Royal Air Force for 16 years. He was chosen as one of a select few to introduce a new type of specialised aircraft but unfortunately it’s this that caused the lasting damage.
After Chris’ first flight in the aircraft he found that he was experiencing ringing in his ears. During the next flight he noticed an excessively loud screeching noise in the cockpit of the aircraft which varied depending on the speed and altitude of the aircraft.
As a result, Chris opted to wear ear plugs for his subsequent flights. However he noticed that, when wearing these ear plugs, he found it difficult to hear important pieces of information, such as flight warnings, air traffic instructions and communication from others in the aircraft. He also found that his ears continued to ring after flights, even when he wore ear plugs. At this stage, Chris formally raised the issue with his employer having already repeatedly discussed his concerns.
Chris was instructed to continue flying the aircraft, with noise reduction technology fitted to his helmet. This technology was installed after another pilot had formally complained about the noise. Over the following weeks and months it became increasingly clear that the noise level within the aircraft cockpit was excessive despite the safety equipment.
During this period, the ringing in Chris’ ears worsened and, whilst he sought medical advice, he continued flying the aircraft. It was not until Chris was referred to an ear, nose and throat (ENT) specialist, that he was told he was showing early signs of excessive noise exposure. At a subsequent appointment he was told he should not expose himself to the noise again, but by this point he had flown the aircraft over 40 times.
Chris now suffers from permanent severe tinnitus, hyperacusis and NIHL. This has had a significant impact on his quality of life. He finds it affects his social life and his family life. He also suffers from significant difficulties as a result of his day to day symptoms which are often debilitating.
In May 2017 Chris lost his fast jet flying status as a result of his diagnosis, and changed paths to work as a flight simulation instructor, however decided to leave two years later to pursue his passion for flying by piloting civilian planes. He retrained as a commercial airline pilot using his own funds in order to mitigate his losses, despite the reduction reduction in salary. However, following the devastating effect of the pandemic on the airline industry Chris is now enjoying more time with his wife and family.
We’re proud to have supported Chris after the service he has given to his country and in January 2020 his former employer admitted liability for the permanent hearing loss and tinnitus he continues to live with. Chris is thankful he now has the answers he longed for and is able to use the funds secured to support himself and his family in the future following the loss of his career.
Supporting those with NIHL
We help many serving and ex-service personnel who experience noise induced hearing loss arising from everything from weapons fire to exposure on boats and aircrafts.
It’s helpful to contact a solicitor specialising in the area as soon as you realise that your hearing loss could be linked to your current or former employment with the MoD as there are strict time limits for bringing claims in the civil courts of three years.
In certain situations a claim under the Armed Forces Compensation Scheme (AFCS) is the best option if no negligence can be established, or where the three-year statutory limitation period has expired. However, a claim through the civil courts is more likely to result in significantly higher awards of damages, especially for noise claims, due to the courts taking account of financial losses and heads of damage that are not provided for under the AFCS.
Many of those who instruct us perceive their injury to be a minor one. However, it often transpires that it is significant enough to result in a medical downgrade and often, can ultimately result in medical discharge. Of course this does not replace your lost military career but hopefully goes some way to helping you rebuild your civilian and personal life, including retraining for an alternative career.
If you think you, a colleague or a family member has experienced NIHL as a result of serving in the Armed Forces, contact our Military Injury team to find out more.
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