Rank: Guest 
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Posted By Phil Roberts
I have a new starter and a medical has shown he is suffering from noise induced deafness. He left his previous employment more than three years ogo and cannot claim for industrial injury. His deafness is 20% in one ear. This will not prevent him working for my company but is he entitled to any industrial injury benifit from the DHSS?
I would be gratful for any information
Thanks Phil Roberts
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Rank: Guest
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Posted By Alan Harsley
I may be wrong but I still feel it is worth looking into. The three year limitation on claims normally begins at the point you become aware of an injury not necessarily when it may have ocurred. Did your employee become aware as a result of your medical check? if so a potential claim may still be valid.
Alan.
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Rank: Guest
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Posted By Jim Walker
Yes, I agree with Alan, your employee has got every chance of a successful claim, it is from date of knowledge of injury. Had he not also ought to alert HSE about his former employer - even if only for the sake of his ex-workmates.
By the way, how does the Doc know it is noise induced? If he is relying on the dip at 4000hz which often indicates a permanent threshold shift, I believe this has been sussessfully challenged in court.If you want an explaination of this e-mail me at Jim@sgplc.co.uk.
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Rank: Guest
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Posted By John Webster
In any event, the courts have discretion to waive the three year limit if there is good reason for a case not to have been brought within the triennium. Increasingly many courts are taking the view that an industrial injury/ill health case should be heard and have a fairly open view of "good reason".
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