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suemo63

Industrial Deafness claim +3yrs since event now - cant claim?

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I'm hoping someone can help.

 

My husband was diagnosed with tinnitus in December.

 

He's worked in factories for years.

 

He had a hearing test in 2011 with present firm.

 

He had slight deafness.

 

It only became mandatory to wear ear protection in his firm 12 months ago.

 

He rang about industrial deafness but was told no by someone as more than 3 years ago.

 

Can someone clarify please? 

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There are time limits to claims, dating from the point at which there is an alleged diagnosis - in your case it would be 2011, and you would now be massively out of time as you knew in 2011 that he was being affected by hearing loss. However, it is also not so simple as "working in factory" = "deafness caused by employment". 

 

I presume whoever told you this was a lawyer specialising in such claims? In which case the obvious answer is to get a second opinion, although I suspect that what your have been told is the correct answer.

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He can’t sue for any injury present in 2011, as he is out of time.

claims for personal injury are subject to (for an adult, competent to start their own legal action / ask a solicitor to start it for them) a 3 year statute bar from the date of ‘cause of action’ (or ‘constructive knowledge’ of it).

 

what he should consider is asking if he should be getting another hearing test, and seeing if he can demonstrate deterioration since 2011, and see if he can claim for any he can show is more likely than not to have occurred within the last 3 years, that the firm should have guarded against, but didn’t .....

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15 hours ago, BazzaS said:

He can’t sue for any injury present in 2011, as he is out of time.

claims for personal injury are subject to (for an adult, competent to start their own legal action / ask a solicitor to start it for them) a 3 year statute bar from the date of ‘cause of action’ (or ‘constructive knowledge’ of it).

 

what he should consider is asking if he should be getting another hearing test, and seeing if he can demonstrate deterioration since 2011, and see if he can claim for any he can show is more likely than not to have occurred within the last 3 years, that the firm should have guarded against, but didn’t .....

 

Thanks.

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you have 6 years to start a civil action but thsi case isnt that simple, tinnitus has may causes and trying to claim it as an industrial injury is a tricky one.

so, if you are saying hearing was OK in 2011 but has detiorated since the and companmy knew about this becasue they started to isses ear defenders then your cause for action would date to a year ago.

Yiu will need expert opinion on cause though

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6 years is the statute bar limit for simple actions in contract law.

For personal injury / clinical negligence the statute bar limit is 3 years (from age of majority / actual or “constructive” knowledge of the cause of action)

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As Bazza said the date of knowledge is when limitation starts to run. 

 

Johnson v MOD (2012) is the relevant case law.  As far as I know it’s still good law.

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