FAQs

Yes, you can. You should register your claim as soon as possible. In fact, it’s possible that delaying could have a detrimental effect on your claim.

Before May 1987, the MoD was protected by “Crown Immunity”. This means that claims for military hearing impairment arising from that period cannot be brought. However, if you have served in the military at any time after May 1987 (even if some of your service was before then), you can benefit from the relevant Health & Safety protection.

That said, if the majority of your service (and therefore exposure to noise) was before May 1987, it is likely the value of your claim – whether by Court judgment or any settlement with the MoD – would be significantly reduced to reflect the possibility/probability that the hearing impairment was predominantly caused during the period when Crown Immunity applies. This would make your potential claim less economically viable for a litigation funder. In these circumstances, we might not be able to bring a claim on your behalf.

Rest assured that when we receive your registration, we will review the information you provide and inform you as soon as possible if we are unable to take on your claim.

It is well recognised that hearing loss symptoms may not become evident until many years after the exposure to noise. As a result, many veterans only discover that they have suffered injury many years after retiring. Provided that some of your service in the armed forces was after 1987 you can still make a claim. Your specific circumstances will be assessed once you have registered.

That will depend on whether you have signed an agreement with them, and how that agreement is worded.

Yes, you can – as long as you were employed by the Ministry of Defence for any period after May 1987.

Not necessarily. A Supreme Court ruling indicates that there may be an actionable military injury claim if the MoD sends personnel into combat with inadequate equipment.

Yes, our specialist solicitors BC Legal will enter into a “no win, no fee” agreement with you.

On success, BC Legal will recover its fees from the MoD – you do not pay them. The funder will deduct a maximum of 25% from the compensation you recover. If your claim is not successful, you will pay nothing.

No, there is no cost (and no obligation) as a result of registering. You simply provide some basic contact details and we will be in touch shortly afterwards about the next steps and to arrange a hearing test for you. The cost of the hearing test will be paid for you, and reasonable travel expenses incurred to attend it will be reimbursed. There is no cost to you at any point in our process, unless and until your case is successful.

Your claim for MoD compensation for hearing loss will cost you nothing unless you win.

As part of the legal process, our military claims solicitors BC Legal will enter into a “no win, no fee” agreement with you.  They will explain this arrangement, and the details of their fees, to you before you sign any agreement with them.

“After the Event” insurance (ATE) will also be arranged for your claim. This ensures that you would have nothing to pay to the MoD should your claim not be successful.

A funder will pay all the expenses of bringing the legal claim, at nil cost to you unless and until your claim succeeds.

On success, the solicitor (BC Legal) will recover its fees from the MoD – you do not pay them.

The funder will deduct 25% (including any applicable VAT) only from the compensation you recover for certain aspects of your hearing damage.

Please note that more detail about their fees generally will be explained to you by BC Legal before you sign any agreement with them but, as above, they will recover their fees from the MoD, not you.

No.

No.

The first step is to register your interest by entering some basic information on our registration form. Then we will make an initial assessment of your potential military deafness claim – at zero cost to you.

If we determine that you may have a claim, you will need to have a hearing test (called audiometry) carried out in accordance with British Society of Audiology recommended guidelines for audiometry. The cost of the hearing test will be paid for you.

If the result of the hearing test indicates that you do have a measurable hearing impairment and are therefore potentially entitled to legal compensation (damages), your claim will be handled by our team of military injury lawyers at the appointed solicitors BC Legal who are experts in the hearing loss field.

We would anticipate your claim could take up to 12-18 months to conclude.

Employers, including the MoD, owe a legal duty to their employees to protect them against the risk of accident or injury during the course of their work. If an employer fails to carry out that duty properly in relation to, for example, excessive noise in the workplace, they are considered to have been negligent or in breach of a statutory duty to protect employees against the harmful effects of such exposure to excessive noise.

In the case of MNIHL, the legal basis of the claim is that the MoD did not adequately protect members of the armed forces from the risk of suffering hearing loss and/or tinnitus from the harmful effects of noise, and is liable in law in failing to do so.

Before 1987, the MoD benefited from the protection of “Crown Immunity” so claims for military hearing loss and other injuries could not be brought. However, if you have served in the military at any time after 1987 (even if some of your service was before 1987) you can benefit from relevant Health & Safety protection.

We will arrange the appointment for you, at a time that is convenient to you, at one of BC Legal’s  approved, specialist test centres in accordance with British Society of Audiology recommended guidelines for audiometry for the purpose of providing evidence in legal claims. We will pay the cost of the test for you, and we will reimburse you for reasonable travel expenses to attend your appointment.

At the appointment, the audiologist will perform a series of tests to evaluate your hearing, including:

• Discussion: A conversation about your work and lifestyle, hearing difficulties, and medical history.
• Ear Examination (Otoscopy): Visual inspection of your ears to check for any obstructions, infections, or earwax build-up.
• Pure Tone Audiometry: You’ll sit in a soundproof room, wear headphones, and press a button each time you hear a sound at various pitches and volumes.
• Speech Audiometry (potentially): Assessment of your ability to hear and understand speech in quiet and noisy environments.

The test typically takes no more than 20-30 minutes.

Yes, you do. We use specified clinics that are accustomed to performing hearing tests in accordance with British Society of Audiology recommended guidelines for audiometry for the purpose of providing evidence in legal claims. They are selected by our occupational deafness lawyers, BC Legal.

After you have registered, we will arrange for you to attend a hearing test. When we receive the results of this test, we will hand your claim over to our occupational deafness lawyers, BC Legal. They will provide further details about the terms of the litigation. You will be given time to consider these terms and to make a decision as to whether to commit formally to bringing a claim against the MoD. Please always bear in mind that registering does not mean you have to participate in the legal action; you can take this decision once you have received further information.

If you become a claimant, your name would appear on the relevant claim documents that are served on the Ministry of Defence. BC Legal  would discuss this with you at the appropriate time. However, we are some way off this point at the moment – there would certainly not be any disclosure of your name as a result of registering with us.

It is always possible that your claim may have to go before the Court. If this is a concern, we suggest you discuss this in more detail with BC Legal when your claim is passed over to them.

You may be able to bring a claim under the AFCS or WPS, but these resources often don’t provide as extensive compensation as a legal claim. If you have already made a claim through the AFCS you can still pursue a legal claim through RGL.

The actual amount of your claim will depend on your individual circumstances and will be assessed by our team of experts at the appropriate time. Valuation of a claim will depend on many factors, including:

• The severity of any noise induced hearing loss and how this impacts upon your hearing and speech communication ability;
• The presence, extent and severity of tinnitus (ringing / noises in the ear);
• Whether one ear or both ears is / are affected;
• Your age;
• Whether there is a clinical need for hearing aids and if so from when and for how long and what types of aids are most suitable;
• Whether any hearing damage caused you to leave service;
• Whether you have suffered any past and / or future loss of earnings.

The valuation in many claims can start at c£50,000 and some can be very much more.

Please see our About Us page.

Each individual’s liability to pay tax is unique. If this is important to you at this stage, you should seek your own tax advice (RGL is not permitted to advise you).

With more than 25 years of experience, BC Legal are one of the UK’s leading firms of occupational disease and deafness lawyers.

The British Society of Audiology approved quality of the hearing tests specified by BC Legal is vitally important, as a sub-standard hearing test could result in your claim being rejected.

For further information, please see our About Us page.

There are very strict rules covering discrimination against an employee for bringing a legal claim. The MoD receives thousands of these claims in a year, and has a specific budget to cover compensation payments.

All information and data provided by you in relation to your potential claim will be kept confidential by RGL, albeit it will be shared, in confidence, with our professional advisors, including BC Legal. Please click on the link to read our Privacy Policy.

RGL Management Limited is registered with the Information Commissioners Office. Registration number ZB348904. Registration address: 29 Lincolns Inn Fields, London, WC2A 3EE.