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Claim options explained

Civil hearing loss claim

Relevant service dates: Any military service from 15 May 1987 onwards.

Possible to claim while serving?: Yes.

Time limits: Normally 3 years from the date of knowledge (i.e. when the claimant first knew, or ought reasonably to have known, that hearing loss was related to service). The court can exercise discretion to allow late claims in some circumstances.

Need to prove liability?: Yes – must prove the MoD was negligent and that exposure to noise caused, or materially contributed, to the hearing loss.

Compensation type: Aim is to put the claimant back in the position they would have been in without the injury. Includes monetary damages for pain and suffering, loss of earnings, and other financial losses.

AFCS (Armed Forces Compensation Scheme) claim

Relevant service dates: Applies to injuries or conditions arising from service on or after 6 April 2005.

Possible to claim while serving?: Yes.

Time limits: Must be submitted within 7 years of the injury, diagnosis, or date of first medical treatment. (In limited circumstances, late claims may be accepted.)

Need to prove liability?:No – it is a no-fault scheme; only need to show that the condition was caused or made worse by service.

Compensation type: Tariff based lump sum payment for injury, plus potential ongoing Guaranteed Income Payment (GIP) for more serious injuries.

War pension claim

Relevant service dates: Applies to injuries or conditions arising from service before 6 April 2005.

Possible to claim while serving?: No.

Time limits: No strict time limit – a claim can be made at any time after leaving service, though claims should ideally be made within 7 years of discharge.

Need to prove liability?: No – it is a no-fault scheme; only need to show that the condition was caused or aggravated by service.

Compensation type: Lump sum payments for disablement assessed at below 20%. Weekly or monthly pension payments for 20% and above (and possibly additional allowances).

Military deafness claims

Being in the armed forces can be a noisy business – whether on land, in the air or at sea. In some ways it’s unavoidable and goes with the territory, particularly if you’ve been on the front line or your role exposed you to extended periods of loud noise.

Start your claim

Do you suffer from hearing loss due to military service? You may be due compensation.

However, hearing loss or tinnitus (ringing in the ears) are not inevitable consequences of military life. Like any employer, the MoD has a duty of care to safeguard you from the risk of hearing damage – for example, by providing adequate ear protection against noise from:

  • gun and artillery fire
  • mortars
  • explosions
  • pyrotechnics
  • aircraft noise
  • vehicle engine noise

You’re not alone

An estimated 300,000* ex-armed forces personnel in the UK suffer from noise-induced hearing loss (NIHL) and tinnitus. What’s more, if your hearing problems are due to long-term exposure to excessive noise while in service, you might be entitled to compensation. If you think your hearing’s suffered, you may have a case – even if you’ve previously been told you have no hearing problems or been turned down for a payment under the AFCS or War Pension schemes. Both these no-fault schemes have very strict criteria, usually resulting in smaller compensation payments.

*Source: The Royal British Legion, Lost Voices’ report (2014)

You don’t have to suffer in silence

NIHL and tinnitus caused by military equipment can be debilitating, affecting all aspects of life – yet they are avoidable. In military circles, people have known about them for decades, but many sufferers prefer to remain silent, often out of loyalty towards their regiment or the MoD. Or perhaps they feel responsible, as it was their choice to enlist. Or maybe they don’t want to admit to suffering from hearing loss.

Get in touch

If you’ve suffered hearing damage during your time in service – past or present – our team is ready to listen. Get in touch today.

Start your claim

Key contact

Simon Ellis

Partner

Simon Ellis is a Partner with Hugh James and has worked with the firm for more than 25 years, having trained and qualified here. Simon heads up the Military Department, advising and assisting current and former military personnel with various health conditions and injuries. He specialises in claims such as hearing loss, non-freezing cold injuries, compartment syndrome and military injury cases. He is often asked to advise on more unusual claims in the military context.

Military deafness claims process

Partner Simon Ellis explains the military deafness claims process

Your questions answered

Unknown to many, Crown Immunity (which protects the MoD from civil or criminal prosecution) was lifted in 1987. This means you have every right to make a claim – even if you’ve previously been turned down through the no-fault and very strict Armed Forces Compensation Scheme (AFCS) or War Pension Scheme.

Whether you’re a veteran or still serving, our highly experienced Military Services team will advise you for free on whether you have a civil claim for compensation. If we think you have a strong case, we’ll represent you on a no-win, no-fee basis. Plus, you can bring a civil claim at the same time as an AFCS or War Pension claim.

The Royal British Legion and Veterans Agency can help you apply for the AFCS or War Pension Scheme, or we can if you prefer. Either way, we always aim to achieve the best outcome for you, and to make the process as straightforward and simple as possible.

While it is possible to represent yourself, engaging the services of highly specialised military claims solicitors will help you to successfully navigate the civilian courts. This is especially important when making a claim against an organisation like the MoD. Choosing a firm of solicitors with a proven track record in making successful military deafness cases will give you the confidence you need to know you have the best chance possible of achieving a positive outcome.

Related services

Military Legal Services Military Accidents Claims & Compensation Military Charities Military Independent Financial Advice Military Non-Freezing Cold Injuries Military Sexual Abuse Claims Military Wills & Probate US Camp Lejeune Claims

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