WWTW Partner Hugh James leads the way in Veteran hearing loss compensation

All employers have a duty of care, including the Ministry of Defence (MOD). In a landmark case, Armed Forces personnel and veterans can now claim compensation from the MOD for hearing loss incurred during Service. It is estimated that up to 70,000 or more personnel could be affected by hearing loss.

Long-term WWTW Partner, Hugh James, is leading the way in bringing veteran hearing loss cases to court and securing compensation claims from the MOD for those affected. This follows a landmark 10-week trial where a judge differentiated between civilian and industrial vs military hearing loss and provided clear guidance on how compensation claims for hearing loss and tinnitus should be assessed.

How is hearing loss classed?

Hearing loss (total or partial inability to hear) is one of the most common service-related conditions suffered by those who served. It is often caused by exposure to loud noises, including gunfire, aircraft operations, vehicles and explosions. Other ailments, including tinnitus, are linked to noise exposure and can be considered on a case-by-case basis in compensation claims.

Following the recent court case, the new ruling recognises the long-term impact of hearing loss on veterans and serving personnel, including how it impacts their private and professional lives.

Can I make a claim?

Claimants previously had to bring a case to court within three years; however, for claimants who proceed under the Matrix agreement negotiated by Hugh James the MOD has agreed not to raise any arguments over the time limit for bringing new claims. The MOD has also accepted liability for hearing loss that occurred during service, though in return claimants must acknowledge a reduction in their claims, of up to 30%.

Furthermore, in some cases, claimants can reclaim the cost of private hearing aids.

How to make a claim:

1. Determine eligibility- have you served in the Armed Forces?
2. Collect evidence of your hearing loss, e.g. medical and service records.
3. Consult a law firm, e.g. Hugh James.

There are certain rules that govern this litigation (the process of taking legal action), and a small window is open for new cases to be heard in court. The deadline is July 31st to put in a new claim under the current agreement.

Several law firms are processing these claims, including Hugh James.