The data on NIHL in Great Britain (which HSE relies upon) comes from two primary sources:
1. Labour Force Survey (LFS):
The LFS captures self-reported cases of work-related hearing problems, providing a broad estimate that includes mild and severe hearing impairments.
2. Industrial Injuries Disablement Benefit (IIDB):
The IIDB scheme provides a much stricter measure, recording only new cases of hearing loss that meet specific criteria:
o A substantial measured loss of hearing (greater than 50 dB) in both ears.
o The condition must arise from jobs prescribed under the scheme.
IIDB figures therefore underestimate the true incidence of NIHL for several reasons:
• Scope: Cases outside the prescribed conditions are excluded.
• Awareness: Many individuals may be unaware of the occupational origins of their hearing loss or the availability of compensation (at least through the IIDB scheme).
• Self-Employment: The scheme does not cover self-employed workers.
According to the LFS, there are approximately 12,000 workers annually with work-related hearing problems. This figure is based on the three-year average from 2021/22 to 2023/24 and includes both new and long-standing cases.
Successful claims under the IIDB scheme were somewhat lower – only 100, for the reasons already set out. I suspect that this is largely due to the significant hearing loss required to make such a claim. Even those who routinely deal with NIHL cases in practice will rarely come across cases even approaching 50 dB of hearing loss.
Accordingly, the IIDB figures may be of limited practical use to occupational disease practitioners – at least to give an indication of the figures for NIHL cases on an annual basis.
However, the IIDB data does reveal a general decline in occupational deafness claims being made. Between 2010 and 2023, the number of annual new cases fluctuated, peaking around 200 cases in earlier years before declining to 100 cases in 2023. (The drop in cases assessed in 2020 and 2021 likely reflects the impact of the coronavirus pandemic on the assessment process).
This is likely to reflect a decline (as for other occupational disease fields) of the ‘worst offenders’ - the industries producing the highest levels of noise.
From 2014 to 2023, only 5 out of 745 cases were female. HSE suggests that this disparity reflects the predominance of men in industries with higher exposure to occupational noise, such as construction, manufacturing, and heavy engineering, which meet the eligibility criteria for NIHL compensation.
Noise-induced hearing loss continues to affect employees across Great Britain. Whilst the IIDB scheme provides an interesting view of new, but severe, cases its figures significantly underestimate the true picture, with LFS figures likely more helpful in this regard to practitioners. However, there may be a general downward trend in such cases.
This Judgment concerned an appeal from the Claimant's unsuccessful Third Party disclosure Application: Sparkes (as personal representative of Pauline Sparkes, deceased) v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), per Murray J.
The basic requirements for a diagnosis of Noise Induced Hearing Loss consist of 2 elements: audiology which is consistent with NIHL and a history of exposure to a sufficient amount of noise.
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