Tamper use
Tampers vibrate steel tines into the ballast to pack it under the sleepers. Operators, and everyone working alongside them, take the full force of it for hours.
Indicative level95–105 dB(A)
Hearing loss claims for railway workers
Years on the track. Now the world is quieter than it should be.
If you worked on Network Rail infrastructure, or for British Rail, Railtrack or a rail contractor, and your hearing has suffered, you may be owed compensation. Greenbank Lawyers handles railway noise claims from tamping and breaking work to vegetation clearance and night-shift maintenance.
COCHLEA, 2¾ TURNS
HAIR CELLS DO NOT GROW BACK
"Say that again?"You ask people to repeat themselves, especially in a crowded room.
The TV keeps creeping upFamily tell you it's too loud. To you it sounds normal.
Ringing or hissingTinnitus after a shift, or now all the time, worst at night.
Voices blurYou hear people talking but can't make out the words.
The work that does the damage
Five jobs every trackworker knows by sound.
Most railway noise claims come down to the same tasks, done shift after shift, often at night and often without proper protection, training or noise assessments.
Kango use
Hand-held breakers for concrete, cess and old track bed. Short bursts add up fast, and the impact noise at the ear peaks far above the legal limits.
Indicative level100–110 dB(A)
Heavy renewals
Re-railing, re-sleepering and ballast renewal: road-rail plant, rail saws, drills and generators all running at once inside a single possession.
Indicative level90–110 dB(A)
Vegetation clearance
Brush cutters, strimmers, chainsaws and chippers along the cess and embankments, day after day, often by gangs of contractors given basic foam plugs or none at all.
Indicative level95–110 dB(A)
General maintenance
Rail cutting and drilling, grinding, welding preparation, compressors and generators, plus passing trains for anyone working as a lookout or in the four-foot.
Indicative level85–115 dB(A)
Other noisy work we cover
- Rail grindingGrinding rails to remove defects, by hand or by grinding train.95–110 dB(A)
- Rail cuttingDisc cutters and abrasive saws through steel rail.100–115 dB(A)
- Rail drillingDrilling bolt holes in rails for fishplates and bonds.90–100 dB(A)
- Ballast worksExcavating, removing, tipping and replacing ballast.85–100 dB(A)
- PilingInstalling foundations for masts, gantries and platforms.95–115 dB(A)
- Concrete breakingBreakers and jackhammers on bases, troughs and platforms.100–110 dB(A)
- Structure examinationsBridges and tunnels, with generators, access plant and powered tools running.80–95 dB(A)
- Lookout dutiesStanding in the cess as trains pass at speed, sounding horns and whistles.85–100 dB(A)
How loud is too loud
Every 3 decibels doubles the dose.
The law measures your exposure across a working day. Because decibels are logarithmic, a tool that sounds only "a bit louder" can use up a whole day's safe allowance in minutes.
dB(A), daily personal exposure. Thresholds from the Control of Noise at Work Regulations 2005. Tool ranges are indicative only: real exposure depends on the machine, distance, duration and the protection you were given. Your solicitor will obtain expert evidence on your own exposure.
What the hearing test shows
The noise notch.
Noise damage leaves a recognisable fingerprint on an audiogram: a dip around 4,000 Hz, the range that carries consonants like "s", "f" and "th". It is one of the things the medical expert looks for to tell noise damage apart from age.
- We arrange a free hearing test with an independent specialist near you.
- The report sets out how much of your loss is down to noise at work.
- Tinnitus is assessed and compensated as part of the same claim.
Typical for age
Noise-induced pattern
Illustrative only
The legal background
Employers have known about noise for sixty years.
The danger of industrial noise has been officially recognised since the 1960s. What an employer should have done depends on when you were exposed, so the dates of your work matter.
- 1963
"Noise and the Worker"
The Ministry of Labour's guidance warns employers that prolonged loud noise damages hearing. It is widely treated as the point from which employers should have known of the risk.
- 1972
Code of Practice
The Department of Employment's code sets 90 dB(A) over an eight-hour day as the level at which employers should act.
- 1990
Noise at Work Regulations 1989
Legal action levels arrive: 85 dB(A) to assess and provide protection on request, 90 dB(A) to reduce noise and make protection compulsory.
- 1994–2002
Privatisation of the railway
British Rail's infrastructure passes to Railtrack, and then to Network Rail in 2002. Exposure across all three eras can still be claimed for; we trace the correct party for each period.
- 2006
Control of Noise at Work Regulations 2005
In force from April 2006. Lower action value 80 dB(A), upper action value 85 dB(A), and an exposure limit of 87 dB(A) at the ear that must never be exceeded, with peak limits for impact noise.
- 2011
Baker v Quantum Clothing
The Supreme Court's leading decision on noise claims. See the case note.
Duty
What your employer had to do
Assess noise risks, reduce noise at source where reasonably practicable, provide suitable hearing protection, mark hearing protection zones, train you, and carry out health surveillance (hearing checks) where you were at risk.
Time limit
Three years, from when you knew
Under the Limitation Act 1980 you usually have three years from the date you first knew your hearing loss was significant and could be linked to work. That is often years after you left the job. The court can sometimes allow late claims, but don't rely on it.
Procedure
The Disease and Illness Protocol
Claims follow the Pre-Action Protocol for Disease and Illness Claims. Your former employer or its insurer is sent a formal letter of claim and normally has 90 days to investigate and respond.
This page is general information about the law of England and Wales and is not legal advice. Every claim depends on its own facts. Speak to us for advice on your circumstances.
How a claim works
From first call to settlement.
Most noise claims settle without going to court. We handle the paperwork and keep you updated at every stage.
Free assessment
Tell us about your railway work and your hearing. We'll be straight with you about whether you have a claim.
Hearing test
We arrange an independent hearing test and a report from a medical expert, at no upfront cost to you.
Records
We request your employment, occupational health and pension records, and gather evidence from former colleagues where it helps.
Letter of claim
We put your claim formally to the employer or its insurer, who must investigate and respond.
Settlement
We negotiate compensation for your hearing loss, tinnitus, and the cost of hearing aids now and in the future.
Questions
What trackworkers ask us.
I still work on the railway. Will claiming affect my job?
Many of our clients are still working. Claims are dealt with by the employer's insurers and legal team, not your line manager, and your employer must not treat you unfairly for bringing a genuine claim. We'll talk through any worries before anything is sent.
I was given ear defenders. Can I still claim?
Often, yes. Protection has to be suitable for the noise, properly fitted, maintained and backed by training. On the track there's a particular problem: workers often had to take defenders off to hear warnings, horns and lookouts. If protection didn't actually protect you, the employer may still be responsible.
I left the railway years ago. Is it too late?
Not necessarily. The three-year time limit usually runs from when you first knew your hearing loss was significant and could be connected to your work, not from when you left. Get advice as soon as you can.
I worked for a contractor, not Network Rail.
You can still claim. The claim is normally brought against the company that employed you, and we trace employers and their insurers even where a company has since closed or been taken over.
What does No Win, No Fee mean here?
If your claim doesn't succeed, you don't pay our fees. If it does, a success fee is deducted from your compensation, capped by law at 25% of most damages. We'll explain exactly what you would pay, in writing, before you sign anything.
Isn't my hearing loss just age?
Age and noise often both play a part. The medical expert separates the two using your audiogram, and compensation is based on the part caused by noise at work.
Start your claim
Four short steps. About three minutes.
Tell us about your work and your hearing. A member of the Greenbank team will review it and call you back to talk it through, with no obligation.
ConfidentialYour details are used only to assess your claim.
Not sure of dates?Rough years are fine. We obtain your records for you.
Free, no-obligation reviewYou decide whether to go ahead after we've spoken.