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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Noise-Induced Hearing Loss Claims

England & WalesLast reviewed 18 September 2026

You can claim for hearing loss if prolonged noise at work, without proper protection or controls, caused it. Claims need an audiogram showing a noise-type pattern of hearing loss and evidence of the noise you were exposed to, and the claim is usually against former as well as current employers.

What Employers Should Have Done

Direct Answer: Under the Control of Noise at Work Regulations 2005, employers must assess noise risks, reduce exposure as far as reasonably practicable, provide hearing protection where daily exposure reaches 80 dB(A), require its use at 85 dB(A) and offer health surveillance where there is a risk.

Earlier noise legislation and guidance applied to earlier exposures, and courts assess employer conduct against the knowledge and standards at the time of each exposure. This is why claims often focus on when the employer should have recognised the risk, and what it did about it.

Evidence in a Hearing Loss Claim

An audiogram from a suitably qualified audiologist or ENT specialist shows the pattern of hearing loss. Noise-induced loss typically shows a characteristic notch at particular frequencies, while age-related loss follows a different pattern, and the expert distinguishes them. You will also be asked about your jobs, the machinery, whether you wore protection and whether colleagues had to shout to be heard.

Multiple and Former Employers

Hearing loss commonly builds across several employments. Liability can be apportioned between employers according to the noise and length of exposure, and insurance for a closed business can often be traced.

Frequently Asked Questions

Can I claim for hearing loss caused by work noise?

Yes, if a hearing test shows a noise-induced pattern and your employer failed to take reasonable steps to protect you from harmful noise. The expert must separate noise damage from age-related hearing loss.

Does tinnitus count?

Tinnitus caused by workplace noise can be part of a claim, with medical evidence linking it to the exposure.

What if I wore ear defenders?

It depends on whether they were adequate, provided in time, and properly used. Poor fit, no training or exposure before protection was provided can all support a claim.

What if I worked for several employers?

Responsibility can be shared between them according to the noise levels and length of exposure with each. A solicitor identifies and pursues the relevant employers and their insurers.

What if my old employer no longer exists?

You may still be able to claim. Employers' liability insurance can often be traced through the Employers' Liability Tracing Office, and a dissolved company can sometimes be restored to the register so that its insurer can be pursued. Do not assume the claim is lost.

How long do I have to bring a noise-induced hearing loss claim?

Generally three years from your date of knowledge: when you first knew you had a significant condition and that it might be work-related. It is not always the date of exposure, which is often decades earlier. A court has a limited discretion to allow late claims, but do not rely on it, and take advice as soon as you have a diagnosis.

Can I claim on a no win no fee basis for a work-related illness?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and if it succeeds a success fee capped at 25% of general damages and past losses is deducted from your damages. Disease claims need medical and occupational hygiene evidence, so ask how those costs are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Control of Noise at Work Regulations 2005 (SI 2005/1643)

    Sets lower (80 dB(A)) and upper (85 dB(A)) exposure action values and an exposure limit value, and requires employers to assess noise risk, reduce exposure, provide hearing protection above the action values and health surveillance where needed.

  8. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

  9. Employers' Liability Tracing Office

    Industry database that can help trace a former employer's employers' liability insurer, including for old disease claims.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.