Noise-induced hearing loss

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 employer 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 including:

1. •

   the claimant’s employment history from HMRC

2. •

   the Employers’ Liability Tracing Office

3. •

   Association of Personal Injury Lawyers members' area

4. •

   Companies House ‘search the register’ service

5. •

   the claimant’s knowledge

6. •

   internet searches

For further guidance, see Practice Note: Tracing defendants and insurers in NIHL claims.

Investigating disease claims

As a claimant solicitor, as with any personal injury claim, the claimant's instructions will be crucial. Particularly if the claimant has remained resident in the area where the factory