Losing one’s hearing is difficult. It can moderately to severely affect a person for their entire life. When the negligence or wrongdoing of another causes loss of normal hearing, you may be entitled to compensation. Workers who have suffered hearing loss on the job may have rights under the Workers’ Compensation Act. However, not all hearing impairment injuries are eligible for compensation.
A qualified, caring hearing loss injury attorney can help determine if you can succeed in a claim against the negligent party or under the Workers’ Compensation Act.
Poor hearing doesn’t just disadvantage you socially. It may also put you in harm’s way by increasing your risk of injury in various situations, including at work. That’s the news from a study in the March 2018 issue of JAMA Otolaryngology-Head & Neck Surgery, which examined how hearing ability played a role for the 6.6 million U.S. adults who experienced accidental injuries annually between 2007 and 2015.
Compared with those with normal hearing, those who reported having “a little trouble” hearing were 60 percent more likely to have been injured, those with “moderate trouble” were 70 percent more likely, and those with “a lot of trouble” hearing were 90 percent more likely to have been injured.
Types of Hearing Loss
Hearing loss is either conductive or sensorineural. Conductive hearing loss is a problem with any part of the ear that cannot transmit sound waves to the eardrum. Sensorineural hearing loss occurs when there is damage to the central nerve, inner ear, or areas of the brain that process sound. Sensorineural hearing loss is often genetic and can range from mild loss of hearing to total deafness. Sometimes, a person suffers from both conductive and sensorineural hearing issues.
Noise-induced hearing loss, or NIHL, can be caused by a one-time exposure to an intense “impulse” sound, such as an explosion, or by continuous exposure to loud sounds over an extended period of time, such as noise generated in a woodworking shop.
While many instances can result in hearing loss, it typically occurs in one of three situations:
- Prolonged exposure to very loud noises
- An injury to the head sustained during an accident
- Sudden exposure to a very loud noise
Hearing Loss in the Workplace
Losing one’s sense of hearing is a common workplace injury. Employees often work in environments surrounded by machinery and equipment that emit loud noises. Noise can cause hearing damage, particularly if the employer has not followed the regulations promulgated by the Occupational Safety and Health Administration (OSHA).
For example, OSHA states that employees cannot be exposed to sound levels of 100 dBA for more than two hours and 90 dBA for more than eight hours a day. If an employer forces an employee to work in conditions that expose them to those sound levels longer than the outlined time, it can result in issues such as tinnitus or ringing in the ears.
According to the National Institute for Occupational Safety and Health (NIOSH), about 22 million people are exposed to potentially hazardous noise levels at work, and another nine million are exposed to toxic chemicals that may result in degraded hearing.
“We know that hearing loss is a huge problem in the United States, but we don’t know how many people are filing claims on it,” said John Ratliff of the American Industrial Hygiene Association’s noise committee. He suspects many employees with hearing impairments retire without filing a claim “because they don’t know they can.”
Injured employees will have rights under the Workers’ Compensation Act when a treating physician finds a connection between workplace noise and hearing impairment. In most cases, any worker hurt on the job must file a claim through workers’ compensation. These benefits will cover many medical expenses and lost income an injured individual could receive through an injury claim. However, workers’ compensation does not provide for non-economic losses, such as pain and suffering.
Injury Claims for Hearing Impairment
There are times when the loss of hearing may result in a claim. A traumatic brain injury (TBI), a hole in the eardrum, and damage to the middle ear can cause hearing loss. For example, a defective product may explode and cause hearing impairment. In this case, the injured individual could file an injury claim against the manufacturer for compensation. If a negligent healthcare professional caused a patient to sustain a hearing loss, the injured patient could file a medical malpractice lawsuit.
To file an injury claim, a person must have sustained a hearing injury through an action they did not take willingly. Sustaining hearing loss after attending a concert, for example, is not likely cause for an injury claim.
In an injury claim, injured individuals must prove that the person who caused the injury had a duty to act in a reasonable manner to keep others around them safe. Those hurt must prove that the other party breached that duty and that they suffered hearing loss as a result. They must also show that hearing loss has caused them financial harm.
Injured individuals can receive compensation for economic and non-economic losses through an injury claim. Economic losses are those that have an actual dollar value, such as medical bills and lost income. Non-economic losses are those that do not have an actual dollar amount, such as pain and suffering. Permanent disability is also sometimes awarded in cases involving hearing impairment. The compensation awarded depends on the injured individual’s age and if the permanent damage is partial or total.
Contact Our Chicago Hearing Loss Lawyers
You may be entitled to compensation if you have suffered hearing loss on the job or due to someone else’s negligence. At Blumenshine Law Group, our hearing loss lawyers can help. Call or text us today at (312) 766-1000 or email [email protected] to schedule your free consultation to learn more about how we can assist with your claim.