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Where are we now?
between 2010-2013 Noise induced hearing loss (NIHL) saw claims rise by 250%
In 2014 the number of claims are reduced but still high
Cost
2010 – 83 million
2013 – 400 million
2014 – 360 million
Claims
Majority of claims are heavy industry, manufacturing and construction, claims are still coming in from 1960-80’s
Tip: Check with your insurer on a noise claims clause
Tinitus can also be awarded in some cases as its difficult to prove otherwise and even more difficult to prove if no health screening in place.
Most courts look at NIHL as De minimis: An abbreviated form of the Latin Maxim de minimis non curat lex, “the law cares not for small things.” A legal doctrine by which a court refuses to consider trifling matters.
A reminder for Noise levels
Lower exposure action level 80dBA
• Hearing protection encouraged
Upper exposure action level 85dBA
• Hearing protection enforced
Reduce claims by: (Regularly)
1.Document levels
2.Training
3.Hearing protection fits
4.Audiometry
Safe Noise Rating (SNR)
SNR is rating of hearing protection is shown as e.g. SNR 33 which means the hearing protection is safe for noises up to 33db
Only training to show how to use protection will suffice in a claims situation
Fit testing is proactive (inc ear plugs)
Remember
It’s the workers who wear the protection incorrectly who are more likely to claim
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