Tracing defendants and insurers in NIHL claims
Produced in partnership with Sue Brown

The following PI & Clinical Negligence practice note produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:

  • Tracing defendants and insurers in NIHL claims
  • HMRC schedule
  • ELTO
  • APIL members’ area
  • Companies House Webcheck
  • Client’s knowledge
  • Internet searches

Tracing defendants and insurers in NIHL claims

In the majority of noise-induced hearing loss (NIHL) claims the noise exposure that caused the hearing damage occurred many years ago. The workplaces may have closed down or changed hands, companies been wound up or taken over by other organisations, and sometimes even an internet search yields no information about the claimant's former employer. Indeed, tracing the employers is often only the first step. If they are no longer trading, it is the insurers for the claimant’s period of employment who must be traced.

There are some resources that can assist in tracing defendants and insurers.

HMRC schedule

In almost every NIHL claim it is essential to obtain the claimant’s employment history from HM Revenue and Customs. An application should be made to HM Revenue & Customs National Insurance Contributions & Employer Office Record Retrieval Scheme using the HMRC application form.

HMRC will provide the name of the claimant’s employers for every tax year going back to 1961/1962. The HMRC schedule should be presented to the former employers or their insurers as evidence of the claimant's employment if the employers’ own records do not go back that far. It is a requirement of The Pre-Action Protocol for Disease and Illness Claims that the HMRC history be provided, but not The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability)

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