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Military deafness claims

Serving in the armed forces can be noisy, whether on land, in the air, or at sea. In some respects, it is unavoidable and comes with the territory, especially if you’ve been on the front lines or your job requires you to be around high noise for long periods. Exposure to loud noise can cause damage to your hearing and can lead to other problems such as tinnitus – often described as a ‘ringing’ or ‘buzzing’ sound in the ear. Unfortunately, noise-induced hearing loss is irreversible and will affect claimants for life.

Military hearing loss is caused by exposure to loud noise sustained during military service and can include exposure to things such as:

  • gun and artillery fire
  • mortars
  • explosions
  • pyrotechnics
  • aircraft (including jet aircraft)
  • vehicles and tanks
  • engine and boiler rooms on ships

The MoD is under a duty of care to protect personnel from the risk of hearing damage, for example by providing adequate ear protection and training personnel to use protective equipment properly. However, we understand that in a military setting it’s not always possible to wear ear protection and, in some cases, the heading protection that is provided isn’t adequate to protect claimants from exposure to noise.

We have one of the country’s largest Military Departments and is recognised as an industry leader in this field. We currently represent thousands of military clients and have extensive expertise in taking cases to trial where necessary. Our team includes former service members, and our lawyers have received national recognition for their efforts on behalf of our military clients. We can also advise on War Pensions and Armed Forces Compensation Scheme claims.

We have signed the Armed Forces Covenant and are proud holders of the Gold Award.

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Get in touch

If you’ve suffered hearing damage during your time in service – past or present – our team is ready to listen. Get in touch today.

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Key contact

Simon Ellis

Partner

Simon Ellis is a Partner with Hugh James and has worked with the firm for more than 25 years, having trained and qualified here. Simon heads up the Military Department, advising and assisting current and former military personnel with various health conditions and injuries. He specialises in claims such as hearing loss, non-freezing cold injuries, compartment syndrome and military injury cases. He is often asked to advise on more unusual claims in the military context.

Simon and his team have been excellent throughout the lengthy process. From start to finish, they have displayed the utmost professionalism and excellent levels of communication. I cannot recommend Simon and the team highly enough!

Alastair Inglis

Simon Ellis handles complex and difficult military claims – ranging from noise induced hearing loss, through non-freezing cold injury to chronic compartment syndrome.

The Legal 500

The firm has a thriving team dealing with military claims which is probably one of the larger such teams in the UK.

The Legal 500

I have just had my claim against the MOD settled through Hugh James Solicitors. I have to say that they worked very hard to get my case through from start to finish. In particular Nia-Wyn Evans from the military department in Hugh James. Nia went over and beyond the call of duty on many occasions making sure I knew what was happening at each stage of this process. Nia made me feel at ease when I had queries and she was very compassionate and professional throughout my case. I am very happy with my experience with Hugh James solicitors and would recommend them to any serving member of the armed forces or veteran seeking legal advice.

Client

I would highly recommend Hugh James and, Nia-Wyn Evans and all those who helped in the Military claims Department.
I contacted Hugh James solicitors after being informed I was being medically discharged and after a failed AFCS claim. They spent lots of time listening and discussing what most would find a complex situation. They understood most military terminology which made the process even easier.
Nia kept me informed though out, clarifying anything I didn’t understand. I would not hesitate instructing Hugh James solicitors in the future.

Client

“The military team was great and they took a great interest in my case. I was assigned a personal solicitor/barrister who guided and took me through every step on my case from the beginning to the end. I was able to get in touch with her anytime, any day and month. My assigned personal solicitor/ barrister and her team managed to secure the best deal and settlement for me.
I just want to say a big thank you to Nia-Wyn and her team and Hugh James.”

Client



Are you eligible?

The MoD owes a duty of care to all its service members, including those who serve in the Regular and Reserve forces. If you believe that your hearing has been damaged by your military service and you have served after 15 May 1987, then you may be able to bring a claim.

It is not possible to bring a claim against the MoD for any service prior to 15 May 1987. This is because of the doctrine of Crown Immunity. If all your service is before 15 May 1987 then unfortunately you will not be able to bring a civil claim against the MoD, though you may still be able to make a War Pension claim.

War Pension and AFCS claims

The War Pension scheme applies to any injuries or illnesses that were caused by service before 6 April 2005. It is a ‘no fault’ scheme, so claimants don’t need to prove that the MoD was liable for their injury – they must only prove that their injury was caused, or aggravated, by service. There are no time limits to making a claim under the War Pension scheme and compensation is assessed on a percentage basis. Claimants with a disablement level of less than 20% receive a lump-sum compensation payment, and claimants with a disablement level of 20% or above will be paid an ongoing ‘War Pension’. In order to make a successful claim for noise-induced hearing loss under the War Pension scheme, a claimant must prove that their hearing loss is more than 50 decibels, averaged across the frequencies of 1, 2 and 3 kHz. This is a high threshold and many of our civil claimants do not meet this threshold for a War Pension award.

The AFCS scheme applies to any injuries caused by service on or after 6 April 2005. Injuries are assessed according to set descriptors and compensation is paid based on a set tariff system. There is a strict 7 year time limit for making an AFCS claims, which starts from the date that the claimant first suffered the injury, or the date that they first sought medical advice for the injury.

It is possible to make a War Pension or an AFCS claim at the same time as making a civil military hearing loss claim. However, the general rule is that a claimant cannot recover compensation for the same injury twice. Therefore, any compensation already received will be offset against any future compensation received.

Time limits

The time limit for making a civil claim is generally three years from the date that a claimant knows they are suffering from an injury and who is responsible – in military hearing loss claims it is the date at which a claimant links their hearing problems with their military service.

We recently secured the Matrix agreement with the MoD which gets rid of the limitation issue, so it no longer matters if your claim is brought out of time. Under the Matrix, the MoD are no longer able to argue that a claim has been made outside of the three-year time limit. However, there is a deadline to join the Matrix which is 30 January 2026.

If you are unsure about whether any time limits apply to you, please contact us as soon as possible so that we can advise you.


Who can make a claim?

Serving personnel and veterans from all branches of the forces can make a military claim, including those who serve in the Army, RAF and Royal Navy (including Marines). Both Regular and Reserve staff can claim, as well as Commonwealth soldiers and Gurkhas who have served with British Armed Forces.

Personnel who have served in UKSF can also claim, however Special Forces claimants need to request ‘EPAW’ (Express Prior Authority in Writing) before they can make a claim.


Claim options explained

Civil hearing loss claim

Relevant service dates: Any military service from 15 May 1987 onwards.

Possible to claim while serving?: Yes.

Time limits: Normally 3 years from the date of knowledge (i.e. when the claimant first knew, or ought reasonably to have known, that hearing loss was related to service). The court can exercise discretion to allow late claims in some circumstances.

Need to prove liability?: Yes – must prove the MoD was negligent and that exposure to noise caused, or materially contributed, to the hearing loss.

Compensation type: Aim is to put the claimant back in the position they would have been in without the injury. Includes monetary damages for pain and suffering, loss of earnings, and other financial losses.

AFCS (Armed Forces Compensation Scheme) claim

Relevant service dates: Applies to injuries or conditions arising from service on or after 6 April 2005.

Possible to claim while serving?: Yes.

Time limits: Must be submitted within 7 years of the injury, diagnosis, or date of first medical treatment. (In limited circumstances, late claims may be accepted.)

Need to prove liability?: No – it is a no-fault scheme; only need to show that the condition was caused or made worse by service.

Compensation type: Tariff based lump sum payment for injury, plus potential ongoing Guaranteed Income Payment (GIP) for more serious injuries.

War pension claim

Relevant service dates: Applies to injuries or conditions arising from service before 6 April 2005.

Possible to claim while serving?: No.

Time limits: No strict time limit – a claim can be made at any time after leaving service, though claims should ideally be made within 7 years of discharge.

Need to prove liability?: No – it is a no-fault scheme; only need to show that the condition was caused or aggravated by service.

Compensation type: Lump sum payments for disablement assessed at below 20%. Weekly or monthly pension payments for 20% and above (and possibly additional allowances).


How to make a claim

Whether you’re a veteran or still serving, our highly experienced Military Services team will advise you for free on whether you have a civil claim for compensation. If you think you have hearing loss as a result of your military service, please complete our initial questionnaire here.

We will ask you a few details about your service before sending you a Welcome Pack that outlines how we will deal with your claim. If we think you have a strong case, we’ll represent you on a no-win, no-fee basis.

You can make a claim at the same time as making a War Pension or an AFCS claim.

During the initial stages of a claim, we will gather your military and medical records and send you for a hearing test. We will then instruct an ENT expert to confirm whether you have military noise-induced hearing loss. If the report is supportive of your claim, we’ll begin to value your claim.

 

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The matrix agreement

In 2024, we reached a significant settlement agreement with the MoD, called the ‘Matrix’ agreement. The Matrix streamlines how military hearing loss claims are handled and provides a set framework for agreeing certain issues in the claim. Our clients therefore now only have to prove that any hearing loss was sustained during their time in the military.

As part of the agreement, the MoD has agreed to drop legal defences meaning it will no longer dispute that it owes a duty of care to members of the armed forces who have suffered hearing loss while serving their country. In addition, the MoD has committed to abandon its defence of ‘limitation’ which has prevented some claims from succeeding because they were brought outside of the three-year time limit.

The agreement also contains a ‘matrix’ which is based on the date the claimant left regular military service for the last time. The Matrix agreement offers clarity to successful claimants who have suffered hearing loss and ensures the settlement process will be easier for all parties and reduce costs. It also means that any member of the armed forces who served after 15 May 1987, and can show they have suffered military noise-induced hearing loss, will be entitled to compensation.

The Matrix agreement only applies to our clients. For claimants represented by other law firms, the MoD reserves the right not to offer the same terms as set out in the matrix.

The Matrix agreement is only open to claimants until 30 January 2026. For further information, please watch our series of videos explaining the Matrix.


How we can help

We have one of the country’s largest military departments and our specialist solicitors have extensive experience handling military hearing loss claims for serving and former members of the Armed Forces. We understand the unique challenges faced by military personnel exposed to excessive noise during service, from gunfire and explosions to heavy machinery, vehicles and ships.

Our dedicated team offers expert legal advice to help you secure the compensation you deserve for military hearing loss claims, including tinnitus and noise-induced hearing loss. With a proven track record of success, we guide you through every step of the process — from assessing eligibility to obtaining medical evidence and negotiating settlements — ensuring your claim is handled with professionalism and care.

Our team includes former service members and our lawyers have received national recognition for their efforts on behalf of our military clients. We are also holders of the Armed Forces Covenant Employer Recognition Scheme Gold award.


James’ story

James Barry, a former Royal Marine, filed a claim against the Ministry of Defence (MoD) for noise-induced hearing loss, alleging failure to provide adequate hearing protection. Despite initial denial, the MoD conceded primary liability shortly before trial but argued contributory negligence, claiming James did not consistently use provided hearing protection.

Speaking of the ruling, Ruth Davies said:

“The last six years have been very difficult for James. James was very proud of being a Royal Marine and, through no fault of his own, has had to come to terms with his hearing loss and the loss of his career. Whilst the compensation will not make up for James’ disability and having to leave the job he loved, it is what he deserves and will help him to re-build his life and find a fulfilling career that he can follow notwithstanding his hearing problems.”

Read the full story

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Your questions answered

Common symptoms include struggling to hear in noisy environments such as restaurants or pubs, difficulty hearing conversations, needing to turn up the volume on the TV or phone, and ringing or buzzing in the ears (tinnitus). These can develop gradually, often years after noise exposure during military service.

The purpose of civil compensation is to put the claimant back in the position they would have been in if they hadn’t suffered the injury. The amount of compensation therefore varies by case and depends on the severity of your hearing loss and how it affects your daily life. Our team will assess your case individually to estimate potential damages and guide you throughout the process.

Each case is different, but most military hearing loss claims take between 2 and 3 years to resolve. The Matrix agreement streamlines the process as it removes several legal arguments in the claims, but the timeframe can also depend on factors such as how long it takes to gather initial evidence and conduct medical assessments, and whether the MoD is willing to negotiate a settlement.

Yes, we offer no win, no fee arrangements, meaning you won’t pay any legal fees unless your claim is successful. We’ll explain all funding options clearly at the start of your case.

If all your service was before 15 May 1987 then you won’t be able to make a civil claim, but you can still potentially claim for hearing loss under the War Pension scheme. If you served both before and after 15 May 1987, you will be able to make a civil claim for the part of your service after that date.

You can still make a claim – many veterans only discover their hearing problems years after leaving the military. A medical assessment that we will arrange during your claim will confirm whether you have military noise-induced hearing loss and we will also review your military records to check for signs of hearing loss and noise exposure throughout your service.

Compensation amounts vary from case to case, but successful military hearing loss claims can result in settlements of over £100,000, depending on the extent of your hearing damage and its impact on your life and employment.

Yes. If you’re unhappy with your current representative, you can transfer your case to us. Our team regularly takes over existing military hearing loss claims, ensuring a smooth transition and continued progress toward compensation.