Why You Should File A Claim For Hearing Loss At Work

Working in industrial environments can put you at a higher risk of injury and lead to hearing loss if you’re continuously exposed to loud noises. This is why employers have a duty of care towards their employees, which means they are required to protect you from such harm. 

For instance, they can implement noise-preventative measures like providing their workers with ear protection, soundproofing loud machinery, or at least modifying the daily schedules so that some employees aren’t constantly working in deafening conditions. 

However, if they fail to act and your sense of hearing was adversely affected through their negligence, then you should file a claim for hearing loss at work.

Here’s everything you need to know.

What is occupational hearing loss?

Occupational hearing loss is defined as hearing damage resulting from exposure to excessive noise in the workplace. Employers are required to minimize risks of hearing loss by implementing preventative measures in the event the noise in the workplace exceeds the level of 80 decibels. 

In comparison to other injuries that occur during the workers’ activities, the symptoms of occupational hearing loss go undiagnosed for years after their onset.

When it comes to a claim for hearing loss at work, it can be based on a number of conditions, including:

• Temporary hearing loss: when you’re exposed to continuous noise for extended periods (hours), you may experience temporary hearing loss. Often, the first symptoms appear immediately or as soon as a few hours following the noise exposure. Normal hearing typically returns after a rest period in a quiet area.
• Permanent hearing loss: when exposed to high levels of noise for prolonged periods (years), you may experience a more severe case of hearing loss. Generally speaking, the effect of this condition may diminish with the use of hearing aids, though in extreme cases, it might be necessary to learn lip reading and sign language. 
• Acoustic trauma: sudden loud noises such as shouting, gunfire, or any kind of explosion can lead to acoustic trauma, which may be enough to cause injuries like perforated eardrums. 
• Tinnitus: exposure to loud noises over a long period may also give rise to tinnitus - persistent ringing in the ear. Since the symptoms are continuous and noticeable even in perfectly quiet areas, this condition can be tough to bear. Many afflicted individuals report they have trouble concentrating, falling asleep, and hearing conversation. 

To file a claim for hearing loss at work, you need to have a diagnosed condition. The treating physician may review your work history to see if your injuries can be linked to any exposure to loud noises. 

Are you eligible for a claim for hearing loss at work?

To make a claim against an employer for hearing loss, you must provide evidence they haven’t fulfilled their duty of care in the workplace, which had a negative impact on your safety and wellbeing. In other words, your employer acted in a negligent manner.

Additionally, your issue must be diagnosed within a period of three years. 

Establishing whether your employer breached their duty of care is challenging, so to ensure your claim is a success, it’s highly recommended you hire an experienced personal injury attorney. 

What can be considered negligence?

Your current or former employer may be liable for damages if they:

• 
  Failed to provide proper ear protection while being aware of excessive noise levels
• Neglected to assess the risk to their employees' hearing and didn’t take the necessary steps to monitor the noise levels on the work floor
• Didn’t implement any noise-reducing strategies such as soundproofing or using machines with a lower noise level
• Failed to warn their employees about the noise levels and didn’t advise them on the proper measures required to reduce the risk of occupational hearing loss

How to make a claim for hearing loss at work

For a successful claim, it’s vital to do your homework, so to speak. You need to have a valid hearing loss/tinnitus diagnosis determined by a qualified physician, as well as all the official medical reports that accurately describe the details and the extent of your hearing damage. 

An attorney is an essential piece of the puzzle as they can help you prove that your hearing damage occurred at the workplace. For instance, they may put together documentation that accurately depicts the conditions you were exposed to and show how they contributed to or caused your hearing damage.

Lastly, for your claim for hearing loss at work to have a positive outcome, you also need to find proof that your employer failed to take preventative measures to minimize your exposure to excessive noise, or didn’t provide training or information that could have prevented your injury - this can be established by compiling witness testimony or finding the history of employees who complained about the noise.

Start the claims process now

Hearing loss may not seem as devastating as other injuries, but its effects can permeate into all aspects of your life and bring about a high degree of pain and suffering - which you need to be fairly compensated for. 

It’s worth noting that seeking a compensation goes beyond just the monetary reasons. Your employer is responsible for protecting you and your colleagues. Judging by your hearing damage, they failed to do so and must be held accountable for their negligence. 

At Law Offices Of RITE, we care about justice, especially if it helps prevent injuries later down the line - which is exactly what a successful claim might accomplish. 

Aside from our passion for the law, we also have a proven track record of winning workplace personal injury cases and we can help you come out on top while also maximizing the compensation you receive.

The best thing is, you’ve got nothing to lose - we’ll review your case for free and give you valuable legal advice. If we establish you have a reasonable claim on your hands, we’ll represent you on a contingency fee. Meaning, we’re not getting paid unless you get paid.

Book your free consultation now by dialing (904) 500-RITE (7483) or send us a message at info@rite4justice.com.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.