Losing your hearing in a workplace can be traumatic and life-changing. Apart from that, seeking compensation for a hearing loss can be challenging, especially when the workers' compensation insurance doesn't acknowledge that your hearing loss is associated with your work.
You can count on The Workers Compensation Lawyer Law Firm if you become partially or entirely deaf due to your work activities in Los Angeles, CA. Our attorneys understand the uphill battle of proving a work-related hearing loss, and that's why they are prepared to represent you vigorously. Contact us today and schedule a consultation.
Common Noise Risk Hazards in Workplaces
Repeated exposure to loud noise in a workplace can cause temporary or permanent hearing loss. It's recommendable to understand the common noise hazards in your workplace to be in a better position while making your compensation claim. In most cases, hearing loss results from constant exposure to noise hazards. Therefore, workers don't recognize the exact cause of their hearing loss unless they learn about these hazards. Here are the common noise hazards in workplaces that you should know about.
Heavy Machines
Most heavy machines have moderate occupation noise whether they are used in waste management, agriculture, industrial manufacturing, or construction. Constant exposure to these machines without proper noise protective equipment can cause hearing loss.
Pneumatic Tools
High-pressure tools usually come with loud sounds. These tools can cause hearing loss when workers are constantly exposed to their noise without proper preventive measures.
The Use of Impact Tools
Impact tools like hammers, drop forges, riveters, and many others are examples of work hazards that can cause hearing loss.
Loud Ambient Noise
Places like amusement parks, areas with constant vacuums, and bars can cause hearing loss, especially when there are no suitable measures to reduce noise.
Workshops
Anywhere there's constant use of high power tools or heavy equipment that requires substantial energy sources can be noise hazards.
Construction Work Areas
Living near construction work areas that use exceedingly loud equipment can also pose a risk to hearing loss. Construction equipment ranges from hard laborers to heavy drilling equipment.
Concerts and Sporting Venues
People who work in concerts and sporting events are also at risk of hearing loss.
Airports and Military Bases
Hearing loss is possible if you don't use relevant hearing protection when living or working in an airport or a military base. That's why most veterans suffer from hearing loss.
Types of Hearing Loss
There are three basic types of hearing loss. These categories include conductive hearing, sensorineural, and mixed hearing loss. Here is a detailed look at these types of hearing loss.
Sensorineural Hearing Loss
Sensorineural hearing loss occurs when the hearing nerve is damaged. This type of hearing loss also occurs when the hair cells located in the cochlea are damaged. Sensorineural hearing loss is not treatable medically or surgically. However, affected people can use hearing aids.
Conductive Hearing Loss
Conductive hearing loss occurs in the outer or middle ear when sound waves cannot move to the inner ear. Sound waves might be blocked by accumulated earwax or foreign objects in the ear canal. This type of hearing loss is correctible through medication or surgery.
Mixed Hearing Loss
Some workers can experience both sensorineural and conductive hearing loss. In most cases, this form of hearing loss starts with sensorineural and then conductive hearing loss.
Steps for Establishing Work-Related Hearing Loss
Several factors can affect your effort to determine whether your hearing loss is work-related. It's recommended to determine whether your hearing loss is work-related to ease your compensation claim process.
Testing the Hearing Loss and OHC Evaluation
According to the latest Occupation Safety and Health Administration or OSHA policies, a licensed health professional can only determine worker-related hearing loss. An Occupational Hearing Conservationist or OHC should evaluate the test results to determine whether they are valid. For instance, they might decide if the hearing loss is permanent or temporary, including other hearing loss causes like age.
The OHC also determines whether there are problems with the employer's failure to understand the test instructions compared to the previous ones. The OHC can use an Otoscopy to rule out cerumen that could interfere with the tests' validity. However, the OHC cannot confront an employee for malingering suggestions after noticing unusual behaviors during the test.
Assessing Exposure to Other Potentially Noise Hazards
The second step is assessing the exposure to potentially damaging noise or ototoxic chemicals at work, assuming that the hearing test is valid. This can be a tricky step, especially for workers who are used to annual hearing tests and intend to file a hearing loss compensation claim.
OSHA points out that an exposure of 85 decibels should be considered as a level that increases the possibility of hearing loss. However, you should note that some people can end up losing their hearing at lower decibels levels.
At this point, you should assemble all noise exposure records when the worker experienced the hearing loss for the Professional Supervisor's evaluation. You should note that the use of hearing protection doesn't necessarily mean that workers cannot lose their hearing abilities. Therefore, an assessment of the hearing protection device, its frequency, and consistency of use is suitable in this step. Finally, a worker can assemble information about exposure to specific chemicals like heavy metals and organic solvents are potential hazards for hearing loss.
Establishing Hearing Loss Consistency with Industrial Noise
The third step is determining whether your hearing loss is consistent with industrial noise or whether there's a medical condition present to explain the loss. You should have your audiometric history reviewed to decide whether the progression and pattern of your hearing loss are consistent with Noise-Induced Hearing Loss.
Evaluating the consistency of industrial-induced hearing loss requires significant knowledge of ear disorders. According to the criteria published by the American College of Occupational and Environmental Medicine (ACOEM), clinicians must seek a "notch" in the audiogram that ranges between 4KHz. At this point, clinicians should check whether the audiometric pattern suggests whether there's another disorder like an ear infection or presbycusis.
The Professional Supervisor will also review the audiometric questionnaire or elect to examine the employee to personally take a more refined history. The Professional Supervisor can also refer the employee to a full audiological assessment or an Ear, Nose, and Throat Specialist to evaluate any medical issues.
Please note, the Professional Supervisor is inclined to take you through this assessment even when there's no significant relationship between the hearing loss and your work environment. This would help an employee to seek appropriate medical intervention when there's suspicion of disease-related causes.
Assessing Hearing Loss Work-Relatedness
The final step is considering whether the hearing loss is more probable due to the employee's working condition. The Professional Supervisor will evaluate all the evidence collected in steps one, two, and three, including non-occupational noise exposures.
Please note, if an injury carried out the three steps conscientiously, the final determination of work-relatedness is a straightforward process. If the Professional Supervisor agrees that the hearing loss is solely from the employee's working environment, the employee becomes eligible for workers' compensation. The PS must make a convincing argument to demonstrate that the noise exposures at work contribute to the loss. These decisions are made on a case-by-case basis.
A Quick Breakdown of Workers' Compensation Benefits for Your Hearing Loss
California Workers' Compensation laws allow workers to recover several benefits from their claim. These claims include:
- Treatment for the injury
- Payment for temporary loss of wages
- Payment or permanent disability
- Payment for job retraining or job displacement
Here is an overview of these types of benefits.
Medical Treatment
California workers can seek workers' compensation benefits for their work-related hearing loss. Under the workers' compensation requirements, workers must seek treatment from a doctor in the Medical Provider Network(MPN).
All workers, including those that suffer hearing loss, receive a standardized level of medical care. All treatment in workers' compensation depends on the treatment guidelines that determine the treatment's duration, frequency, and appropriateness in these cases.
The treating doctor will treat an injured employee until there's a reasonable belief that further treatment wouldn't be effective. At this point, the doctor will write down the Permanent and Stationary Report.
Apart from the medical treatment, an injured worker can recover mileage reimbursement for travel and medical appointments. This includes expenses to travel and pick hearing loss prescriptions.
Temporary Disability or Payment for Loss of Wages
Temporary disability benefits are paid to an injured employee due to the inability to work due to an injury, which is hearing loss. It allows the worker to recover up to two-thirds of the average weekly wages. These benefits can only last for 104 weeks within five years since the date of the injury.
Permanent Disability
Permanent disability benefits depend on the permanent loss of your hearing ability on a scale of 0 to 100%. An injured worker receives this benefit every week for a specific period, depending on the severity of the disability. Injured workers can only recover a maximum of $290 in a week.
Job Displacement Benefits
Job displacement benefits are available to injured workers who cannot return to work due to hearing loss. A worker receives a voucher that's worth $6,000 for retraining.
Workers Compensation Process in California
Regardless of your injury, you must follow a specific procedure to apply for the benefits you're entitled to. The compensation process starts with filling a report about your hearing injury to your employer. The report should be in writing and must be signed by the employee or his attorney.
California Labor Code provides that employees report their injuries to their employer in writing within thirty days after the injury. However, if the employer finds out about the injury through other means like through the supervisor, it still works similarly to the written notice.
Please note that workers are still eligible for Workers' Compensation even if there's a delay unless the delay affects the employer.
Once you have filed the written report, your employer must provide a claim form referred to as the DWC Form 1. You should fill this form immediately to kick off the compensation process. The insurance company responsible for compensation has ninety days to accept or deny the claim. If it doesn't respond within this timeline, it's presumed that the claim has been accepted.
An insurance company can deny workers' compensation claims due to several reasons. For instance, they can claim that your hearing loss isn't work-related or resulted from another job. Alternatively, they can claim that your hearing loss is not eligible for medical treatment and doesn't affect your ability to work.
Regardless of the reason that's brought forward, you must ensure that the steps provided above are followed to establish your eligibility for workers' compensation benefits. You can also seek help from a Qualified Medical Evaluator (QME) to seek impartial input to your medical situation. Using an attorney can also be effective in ensuring that you receive the compensation that you deserve.
The Challenges of Workers Compensation Claim Related to Hearing Loss
As much as employers must have workers' compensation insurance, workers are not automatically compensated once they file their claim. There are several challenges that they must handle to make this process successful. Here are some of the challenges you might face when making a workers' compensation claim for hearing loss.
Claiming That Your Hearing Loss is a Result of Your Age
Hearing loss occurs naturally as people age. Therefore, it might be challenging for older workers at 45 years or older to seek compensation without having the insurance company questioning whether their hearing loss is attributed to their age.
Therefore, it's recommendable to establish the amount of hearing that you've suffered from your work. You can do this by seeking professional help from an audiologist or otolaryngologist to calculate your degree of hearing loss.
Determining the Specific Type of Hearing Loss
You should be able to understand what type of hearing loss you are suffering from an audiogram since it determines the kind of compensation benefit that you will be receiving. A disease or injury can cause conductive hearing loss. By contrast, perceptive hearing loss occurs in the middle ear caused by an infection, noise, or advanced age. Mixed hearing loss results from a mixture of both.
Therefore, there are chances that the insurance company will poke around these three types of hearing loss as a way of denying your claim. Again, it's recommendable to be clear with the specific type of hearing loss you're facing to seek the proper compensation.
Whether You Were Wearing Protective Gear
Workers working in a noisy working environment must wear hearing protective gear. Therefore, you should expect a workers' compensation insurance company to find out whether you were using protective equipment at all times. They will also check whether you used quality protective gear. Any evidence that you didn't use the protective gear puts your claim in jeopardy.
There are other general challenges of seeking workers' compensation claims but are not specific to hearing loss. These challenges are as follows:
Unwitnessed Workplace Injury
In a situation where your hearing loss was unwitnessed, you must report to your employer, co-workers, or supervisors. Make sure that you tell a similar story to every person you tell about the injury to maintain consistency.
Inconsistent Medical Report
Medical insurance companies will probably deny compensation to an employee whose injury claim is consistent with their medical staff statement. That's why it's crucial to restate to your doctor your version of your story to ensure that it's consistent.
Being Laid Off Before a Filing a Claim
You can undoubtedly expect an insurance company to deny your claim when you file it when you're fired or laid off. In most cases, compensation judges view this as a revenge claim and would possibly deny it.
Lack of Persuasive Evidence
Sometimes it can be challenging for a plaintiff to prove the cause of hearing loss in a workplace. That's why you should seek the help of a good legal team to conduct an investigation that would produce persuasive evidence that supports your claim. Sometimes this might require a subpoena from medical experts, co-workers, and supervisors.
Communication Problem
Communication problems might arise between plaintiffs, case managers, doctors, and insurers. It's crucial to maintain communication with all related parties to ensure that you receive the legal, financial, and medical help that you need.
What You Should Know About Workers' Compensation Trials
The idea of going to trial in a workers' compensation claim can be daunting. This type of trial is entirely different from other types of trials.
Workers' compensation trials are administrative hearings before a judge to resolve disputes between injured employees and their employer. These hearings are held in small rooms in the presence of a few people, who usually include the plaintiff, defendant, a court report, and witnesses.
Your attorney should present evidence that supports your claim. Your evidence might include:
- Proof of your loss of wages
- Medical records and bills
- Depositions from medical experts
You will also be required to testify. The workers' compensation attorney will ask you questions about your job duties, how you incurred the hearing injury, and how it affects your work performance. The judge might also ask you some questions.
Witness testimonies can be presented in court, but they can be presented as transcripts from a deposition conducted before the trial.
Preparation for Workers' Compensation Trial
You and your lawyer should work together to guarantee that you're fully prepared for your trial. Your preparation should include conducting depositions, making records, and performing relevant research that builds a rock-solid case.
Your attorney can also prepare a concise statement that details all the facts of your claim. They should also make you comfortable about the entire case by reviewing potential questions that the judge and the opposition's attorney may ask during the trial.
Workers' compensation trial decisions may last longer even though the compensation trial lasts for a few hours or not more than a day. The exact timeline for a trial decision lasts between thirty days and six months, depending on the type of case at hand. The court will mail the decision to you, your attorney, and the opposition's legal counsel.
Please note, the majority of workers' compensation claims are settled before a trial is required. They are only useful when a workers' compensation insurance company refuses to pay or when they offer meager settlements than your expectations.
Other Types of Compensation Outside Workers' Comp
Injured workers are not limited to workers' compensation claims. They can seek other types of compensation depending on the circumstances of their injuries.
It's crucial to understand that you can only receive one form of benefit at a time. Therefore, if you receive most of your benefit under the workers' compensation, that will continue to be your benefit for your hearing loss.
If you find out that you can't resume your work and seek other forms of compensation, Social Security Disability Benefit will suit you. Still, there are a lot of issues regarding the type of benefit that you can receive.
A team member can also seek compensation through a personal injury claim. California workers' compensation system limits the amount of benefit that an injured worker can receive. Therefore, filing a personal injury claim maximizes the amount that you receive for your injuries.
In a personal injury claim, you must prove that your injuries resulted from your employer's negligence, unlike workers' compensation that doesn't require the employee to establish the employer's fault. A personal injury claim allows an injured worker to recover significant awards that include pain and suffering, punitive damages, and loss of consortium.
Find a Los Angeles Work Injury Attorney
Seeking workers' compensation benefits for partial or total hearing loss can be challenging. Remember, you have a limited timeline to file your compensation claim. Additionally, with the complexity of this type of claim, there are high chances that you couldn't satisfy the requirements for an award.
Our attorneys at The Workers Compensation Lawyer Law Firm have the skills and resources needed to obtain your rightful benefit for your work-related hearing loss. We know how the California Workers' Compensation system works and are ready to help you receive the maximum benefits. Contact us today at 424-501-9228 and schedule your initial consultation if you suffer a hearing loss at your workplace in Los Angeles.