Veteran secures £90,000 compensation for service-related hearing loss

In any workplace, including the military, employers have a duty of care to protect their employees. The Ministry of Defence (MoD) is no exception. Failure to provide adequate ear protection can have life-lasting effects, as demonstrated by the case of Martin Naylor, a 38-year-old former Army soldier.

Martin suffered hearing loss and tinnitus as a result of prolonged exposure to excessive noise during his military service.

Martin Naylor served in the Army from 2003 to 2010, where he was exposed to excessive noise levels from weapons and machinery, without hearing protection. He suffered noise-induced hearing loss and tinnitus. Upon leaving service, Martin experienced difficulties with hearing loss and communication in all aspects of his day-to-day life.

Speaking about the impact these injuries have on Martin’s life, he said ‘I notice that my hearing problems affect my ability to hear conversation in louder environments, which can often leave me feeling isolated at family events and when out socialising with friends. There are also times when my hearing problems can interfere with my work and home life. My wife encouraged me to seek advice about my hearing loss and ringing in my ears, which is a nuisance and causes me a lot of frustration’

Martin contacted Hugh James’ specialist Military team of solicitors to assist him in claiming compensation against the Ministry of Defence (MoD). Martin obtained supportive medical evidence from an ENT Consultant and a Registered Hearing Aid Dispenser.

The medical experts supported a diagnosis of noise induced hearing loss attributable to exposure to excessive noise levels in service. The experts recommended bilateral hearing aids to assist with alleviating his symptoms.  As the legal proceedings unfolded, the MoD initially denied they were at fault. However, ongoing negotiations resulted in the MoD extending an offer to settle the issues of breach of duty and limitation which Martin accepted. However, the issues of causation and quantum remained to be resolved. The claim was listed for a trial in Spring 2023. The MoD put forward an offer of settlement which Martin rejected, as it did not adequately compensate him for his injury.

Several weeks before trial, the MoD revisited their stance and increased their settlement offer. The case concluded with Martin receiving £90,000.00 in compensation.

Speaking about his case, Martin said, “I can now afford to change my life with hearing aids that I could not afford before making the claim’

This case highlights the importance of recognising and addressing the challenges faced by service personnel and veterans, particularly concerning hearing related issues resulting from their service.

Senior Associate, Francesca Bamsey, in the Hugh James Military Team spoke about Martin’s case,

“I am delighted that Martin’s claim was a success. He is now able to purchase high quality hearing aids with the compensation he has recovered, which will likely improve his quality of life.