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Read More →If you hear constant ringing, buzzing or hissing that nobody else can hear, and it started after noise at work or an accident that was not your fault, you can claim compensation. Tinnitus claims cover both tinnitus that built up over years of noise exposure and tinnitus that started with a single incident.
Tinnitus is the perception of sound with no external source. Only you can hear it, which is part of what makes it so hard to live with and so easily dismissed by everyone else.
Tinnitus symptoms vary. The sound may be:
Ringing
Buzzing
Hissing
Whooshing
Humming
Throbbing
Whistling
It may be constant or come and go, and it may affect one ear or both. Pulsatile tinnitus is different: the sound keeps time with your heartbeat, and a medical professional may be able to hear it during an examination.
Tinnitus can occur on its own or alongside noise induced hearing loss. That distinction decides which compensation bracket your claim falls into.
Tinnitus is graded by how much of your life it takes up. Medical experts and the guidelines used to value claims use the same four words, so it helps to know roughly where you sit.
Slight tinnitus. You notice it in quiet surroundings, at night or in an empty room. It comes and goes.
Mild tinnitus. It is there most of the time and you are aware of it during the day, but you work around it.
Moderate tinnitus. It disturbs your sleep and your concentration. You struggle to follow conversation in noisy rooms and you notice the effect on your mood.
Severe tinnitus. It dominates your day. Sleep breaks, concentration goes, and it reaches your work and your family life.
Volume alone does not move you up that scale. What counts is whether the sound cuts through normal background noise or only silence, how constant it is, and how much it displaces.
An ear, nose and throat specialist grades it, not you. But recognising yourself in one of those four descriptions is a good place to start.
There is no cure. Treatment manages tinnitus rather than removing it, which for most people means learning to live with it.
Sound therapy, hearing aids and maskers, tinnitus retraining therapy and cognitive behavioural therapy all reduce symptoms. NHS inform sets out the treatment pathway in Scotland.
This matters to your claim. Hearing aids, replacements over your lifetime, tinnitus retraining and private treatment are recoverable treatment costs, not extras.
At Jones Whyte, our experienced legal professionals pride themselves on responding quickly, resolving your needs and providing you with ongoing help and support.
Find your LawyerContact Jones Whyte today to arrange your no-obligation consultation and to start your no-win no-fee accident claim.
Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.
No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.
When You Might Be Liable for Costs:
These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.
You can claim compensation for tinnitus if someone owed you a duty of care, failed to meet it, and caused your condition as a result. Usually that is an employer who exposed you to excessive noise without proper protection, or another road user who caused a collision.
Two points stop people before they start, so take both off the table now.
You do not need an accident. Tinnitus that built up over years of noise at work is as claimable as tinnitus that started the day something went wrong.
You do not need hearing loss. Tinnitus is compensated in its own right, and slight tinnitus with no measurable hearing damage still founds a claim.
If you have never linked your tinnitus to your working life, you are in the majority. Most people we speak to about work related tinnitus had put it down to age.
Not all tinnitus is someone else’s fault. Working out the likely cause of yours is the first step to knowing whether you have a claim.
Damage to the inner ear. Loud noises destroy the hair cells in the cochlea, and they do not grow back. This causes most tinnitus, from both long term noise exposure and sudden loud events.
Head injury. Trauma can damage the inner ear or the hearing pathway, which is why tinnitus often follows a car accident, a fall, or being struck by something at work.
Damage to blood vessels near the ear. This causes most pulsatile tinnitus and can follow trauma or a medical event.
Other causes, including ear infection, some medications and age.
The legal question is not what the sound is. It is whether someone else’s negligence caused it or made it significantly worse.
Your employer has a legal responsibility to protect you from excessive noise. The Control of Noise at Work Regulations 2005 set the noise levels at which they must act.
At a daily average of 80 decibels, your employer must assess the risk, train you, and provide hearing protection on request
At 85 decibels, hearing protection becomes mandatory, protection zones must be marked, and hearing tests are required
87 decibels is the limit that must never be exceeded
A compliant employer assesses noise, provides and enforces suitable personal protective equipment, marks protection zones, cuts noise at source where it can, and tests your hearing regularly.
These duties did not start in 2005. Employers have owed a common law duty to protect workers from noise damage for far longer, which is why exposure in the 1970s and 1980s still founds claims today.
We take hearing loss claims from across Scottish industry: shipbuilding and marine engineering, steel and heavy fabrication, mining and quarrying, construction, manufacturing, offshore and energy work, distilleries, farming and contact centres.
Nobody remembers the decibel reading of a factory they left in 1994. You will remember how it felt. These questions are a starting point, not a test.
Did you have to shout to be heard by someone an arm’s length away, or two metres away?
Did your ears ring, or feel dull and muffled, on the drive home?
Did a shift leave you with a headache or a feeling of pressure in your ears?
Did colleagues wear ear defenders or plugs when you were given none?
Were you handed hearing protection but never told why, never fitted for it, and never checked?
Were there marked hearing protection zones, and did anyone enforce them?
Did your employer ever send you for a hearing test?
Did you work somewhere enclosed, such as a workshop, a hold, an engine room or a factory floor, where the sound had nowhere to go?
Yes to some of these does not confirm a claim. No to all of them does not rule one out. It gives us something concrete to work from when you call our solicitors.
Work related tinnitus does not always build up slowly. An explosion, a machine failing beside your head, a heavy load dropped nearby or a head injury from a fall can all cause it in a second.
Tinnitus can start immediately or surface over the following weeks, and a delay in noticing it does not weaken your claim. It is often missed in the aftermath of a serious accident while everyone deals with more visible injuries, and you can still claim for it later.
Tinnitus after a car accident usually comes from a head injury, from airbag deployment, or from the acoustic trauma of the collision itself.
Scotland has no fixed whiplash tariff and no online claims portal. Claims here, including whiplash injuries, are valued at common law on the facts of your case. Tinnitus is assessed as an injury in its own right alongside any soft tissue injury, not folded into it.
Jones Whyte is a member of the Motor Accident Solicitors Society, which represents firms specialising in road traffic claims.
Acoustic shock follows a sudden, unexpected noise close to the ear. A feedback spike through a headset is the classic example, along with blasts and machinery failures.
It is common in call and contact centres, orchestral and entertainment work, and the emergency services. Symptoms often go beyond tinnitus to hyperacusis, where ordinary sound becomes painful, along with ear pain and dizziness. These effects can be severe even when a hearing test shows almost nothing, which is why acoustic shock claims need careful handling.
If you served in the armed forces, you have two separate routes, and one does not cancel out the other.
Veterans UK administers the Armed Forces Compensation Scheme and the War Pension Scheme. Both assess hearing loss against strict audiometric thresholds, and tinnitus carries no tariff of its own. The scheme measures how much hearing you have lost, not how much the ringing affects you, so veterans with disabling tinnitus and modest measured hearing loss are often awarded little or nothing.
That outcome says nothing about your civil claim. If you have been turned down by Veterans UK, or awarded less than you expected, you may still have a claim worth pursuing. A civil claim is assessed on the effect the condition has on you: your sleep, your concentration, your work and your daily life. Tinnitus is compensated in its own right, with or without measurable hearing loss.
We handle the military accident claims process at a no win no fee basis covering both cumulative noise exposure across a career and single events such as blast injury, and a civil claim can run alongside a scheme award.
Compensation amounts are split into two parts. Solatium covers the pain, suffering and loss of amenity the injury causes. Patrimonial loss covers the financial losses that follow from it.
The guidelines group tinnitus and hearing loss together, because they so often occur together. The current brackets are:
Severe tinnitus and noise induced hearing loss: £35,680 to £54,690
Moderate tinnitus and noise induced hearing loss, or moderate to severe tinnitus or hearing loss alone: £17,890 to £35,680
Mild tinnitus with some noise induced hearing loss: £15,130 to £17,890
Mild tinnitus alone, or mild noise induced hearing loss alone: around £14,070
Slight or occasional tinnitus with slight noise induced hearing loss: £8,840 to £15,130
Slight tinnitus without hearing loss, or slight hearing loss without tinnitus: up to £8,420
For context, total loss of hearing in one ear falls between £37,610 and £54,690, and total deafness between £108,980 and £131,680. Where you need hearing aids for a limited period rather than permanently, awards run from around £6,010 for five years to around £11,650 for fifteen.
The same brackets apply whether your tinnitus built up over decades or started in a second. Severity, disturbed sleep and concentration, your age and the effect on your ability to work decide where in a bracket your claim sits.
For many people the financial toll outweighs the injury award. Financial losses include:
Lost earnings, reduced earning capacity, and pension loss where you can no longer do noise exposed work
Hearing aids and maskers, including replacements over your lifetime
Private treatment, including tinnitus retraining therapy, cognitive behavioural therapy and audiology
Medical expenses and travel to medical appointments
Care and support your family provides
You generally have three years to bring a personal injury claim in Scotland, under the Prescription and Limitation (Scotland) Act 1973. This is Scottish legislation. The time limit that applies in England and Wales is not the same.
When the three years start depends on how your tinnitus began.
After an accident, the time limit usually runs from the date of the accident.
In gradual cases, it runs from your date of knowledge: when you first knew, or could reasonably have been expected to know, that your tinnitus was significant and linked to how you were treated at work.
This is the most useful thing to understand about hearing loss claims. Noise exposure that ended decades ago can still found a claim today, because the clock starts when you found out, not when you were exposed. A retired welder who learned last year that the ringing came from the job may be well within time.
Take your time deciding, but do not leave it indefinitely. Witnesses move on, companies are wound up, records are destroyed. The earlier we look, the more there is to work with.
Most tinnitus claims settle without court action. If court proceedings are needed, we continue to act for you and represent you there.
A free initial call. One of our team takes your details and your account of what happened and how the tinnitus affects you. No paperwork, no commitment. If a solicitor thinks the claim is likely to succeed, they arrange a follow up discussion with you.
Assessment and early evidence. We build your employment or accident history and start gathering medical records and supporting documents.
Medical assessment. We arrange for an ear, nose and throat specialist and an audiologist to examine you, and we cover the cost.
Intimating the claim. We notify the other side or their insurer and investigate, including workplace records, accident records and witness statements.
Negotiation. Most claims resolve here. Where they do not, we raise court proceedings in the Scottish courts and continue to act for you.
Settlement. Your compensation is paid. If you need hearing aids before the claim concludes, we can seek an interim payment so you are not left waiting.
A single employer case with clear records moves faster than an industrial disease claim involving several former employers and decades of exposure. We will give you a realistic view of your own claim once we have seen it, rather than a general promise now.
If the ringing started after noise at work or an accident that was not your fault, we will tell you whether you have a claim worth pursuing. Call 0141 674 4358, or send your details through the online enquiry form and we will call you back. If the phone is difficult because of your hearing, say so and we will work around it.
The call is free, it takes a few minutes, and it commits you to nothing.
In the ordinary case, no. After the Event insurance sits inside our success fee and covers that exact risk. The two exceptions are ending your agreement with us and then succeeding through another firm, and the exceptional circumstances in our terms of business where we have been misled.
You pay no legal fees. That is what no win no fee means, and the After the Event cover inside our success fee protects you from the other side's costs as well.
No. Your employer's insurers meet the claim, not the business itself, which is why employers' liability insurance is compulsory. Dismissing, demoting or disciplining you for claiming is unlawful and could give you a separate claim.
The claim proceeds against the insurer rather than the company. Employers' liability insurance has been compulsory since 1972, and the Employers' Liability Tracing Office database identifies which insurer stands behind a company that has been wound up. A dissolved employer is rarely the obstacle it appears to be.
Yes. Tinnitus is compensated in its own right, and mild tinnitus alone falls within the guideline brackets at around £14,070. What matters is credible medical evidence of the symptom and its effect on your sleep, concentration and daily life.
Yes, and this is how most work related tinnitus claims arise. Nothing has to have happened on a particular day. The question is whether your employer exposed you to excessive noise without proper protection.
Yes. Tinnitus after a road traffic accident is assessed as an injury in its own right, alongside any other injuries. In Scotland it is valued at common law rather than under a fixed tariff.
Severe tinnitus is constant and intrusive enough to dominate your sleep, concentration and work rather than sit in the background. An ear, nose and throat specialist grades it on how it affects you, not on a measurement of volume.
Usually yes. In gradual cases the three years run from your date of knowledge rather than from the exposure: the point when you became aware, or could reasonably have become aware, that your tinnitus was serious enough to justify a claim, that it was caused by how you were treated at work, and who was responsible for it. Noise exposure from the 1970s and 1980s still founds claims in Scotland today, and even where the three years have passed, the court has a discretion to allow a claim to proceed.
Yes. Hearing aids, maskers and their replacement over your lifetime are claimed as financial losses, along with private treatment such as tinnitus retraining therapy and cognitive behavioural therapy.
Most likely not. The majority of tinnitus claims settle without court action. If proceedings are needed, we raise them in the Scottish courts and represent you throughout.
It depends on the claim. A single employer case with clear records and an early admission moves considerably faster than one involving several former employers and disputed causation. We will give you a realistic view once we have seen the detail.
Yes. A civil claim is assessed on the effect the condition has on you, rather than against the audiometric thresholds the Armed Forces Compensation Scheme and War Pension Scheme apply. The two routes can run alongside each other.
It can be. Where tinnitus has a substantial and long term effect on your normal daily activities, it may meet the legal definition, which obliges your employer to make reasonable adjustments. That is separate from your compensation claim, and we advise on both.
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