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While workers generally cannot sue their employer, you could qualify for compensation based on your hearing difficulties. Many people do not recognize their hearing challenges as a work-related injury. However, it often is. Workers’ compensation covers
chronic and overuse injuries, as well as acute injuries and illnesses.
Alternatively, you may be able to sue for continued exposure to noise at your workplace if it occurred because of a third party who is not your employer.
If you have questions about your options for compensation based on your hearing loss, a Los Angeles workers’ compensation lawyer from KJT Law Group can help. Our team provides free consultations. Call us today at (818) 507-8525.
Hearing Damages and Workplace Noise
Despite hearing damage being a common workplace injury, it is often difficult to prove these cases and recover compensation. While many people believe hearing loss occurs with age, those working in certain professions and industries are at a much greater risk because of ongoing exposure to noise.
According to statistics from the Centers for Disease Control and Prevention (CDC), about 12 percent of U.S. workers report having hearing difficulties. What’s more, 25% of all workers have had occupational exposure to loud or continued noise.
While there are state and national standards for hearing protection and decibel limits, many workers still suffer significant hearing damage. It usually occurs slowly over time through continued exposure. If they can show a link between their hearing loss and their job, they should qualify for workers’ compensation benefits. This is true even if the employer followed all set standards.
Hazardous Noise Is Only One Cause of Hearing Difficulties
While the standards help reduce the risk of hearing damage, some industries require long-term noise exposure. There are also other causes of hearing difficulties common in some lines of work.
The U.S. Occupational Safety and Health Administration (OSHA) limits the everyday exposure of workers. This limit is generally no more than 90 decibels over eight hours. Still, about 22 million workers endure hazardous occupational noise annually. At the same time, many suffer exposure to chemicals that increase the risk of hearing loss. This is common in industrial settings, construction, maintenance, and many other industries.
Some Circumstances Could Support a Third-Party Lawsuit
In some cases, a worker can sue for continued exposure to noise in their workplace. This is possible when a third party who is not the employer or a coworker is the cause of the noise. To win compensation through this type of case, the worker must prove:
- The accused party is responsible for protecting victims’ hearing, often because they caused the hazardous noise.
- They failed to uphold this duty.
- The noise was the proximate cause of their hearing damage.
- The victim suffered financial losses because of their hearing damage.
A personal injury lawyer familiar with worksite accidents can help victims navigate this process and seek compensation. This could come through a negotiated insurance settlement or a court award after a civil trial.
You May Have a Right to File a Claim and Lawsuit
Under some circumstances, the worker will qualify for workers’ compensation benefits and can sue the liable third party concurrently. This is possible because workers’ compensation is a no-fault benefit. Employees hurt on the job should qualify for benefits regardless of who caused their injuries.
In these cases, you may choose to work with a law firm that handles both types of cases. Having representation ensures you have someone on your side to fight for you in all aspects of your case and look out for your best interests during both claims processes.
Workers’ Compensation Claims in Los Angeles
California law requires almost all employers to invest in workers’ compensation coverage for their workers. This rule is in place for any company with at least one employee. The policy must begin before they clock in for the first time and cover them any time they work.
This policy generally prevents employees from suing their employer for compensation following a workplace injury or illness. Instead, they file a workers’ compensation claim and receive benefits such as:
- Medical care coverage for workplace injuries
- Lost time and indemnity benefits for a portion of their missed wages
- Supplemental job displacement benefits, including vouchers for education or retraining
- Death benefits for survivors if the victim passes away
In many cases, hearing damage claims are for medical assessment and treatment only. However, they could include lost time or occur when the worker’s hearing loss is severe and prevents them from returning to their job. Each of these situations would call for different benefits.
Our Workers’ Compensation Lawyer Can Take on Your Case
Hearing damage and related hearing loss is often difficult to tie to the workplace. If you need help with your claim or struggle with approval, you may want to consider working with a workers’ compensation lawyer on your case. Our attorneys know what it takes to show your workplace exposure contributed to your hearing damage and how it affects your abilities today.
We understand how workers’ compensation claims work and how to challenge a denial. We help injured workers get the benefits they deserve in complex cases every day. You will not pay anything out of pocket for your lawyer. We cannot charge you directly. Instead, our attorney receives payment from the backpay recovered in your workers’ compensation case.
Discuss Your Hearing Damages Claim With Our Team Today for Free
KJT Law Group offers free consultations for workers hurt on the job in Los Angeles. A team member will assess your rights and options during a no-obligation case evaluation today. Our attorneys may be able to help you pursue and recover the compensation you need and deserve after you experienced continued exposure to noise at the workplace. Dial (818) 507-8525 or use our online contact form to connect with a team member today.
