Construction Noise Exposure Causing Hearing Loss: Is Your Employer Liable?
Working on a construction site, in a factory, or another loud environment is likely to cause hearing loss. Though hearing loss will not occur immediately, it is likely to develop in due time. The question is whether an employer is liable. Our Atlanta & Savannah workers’ compensation attorney has the answer.
Workers’ Compensation for Hearing Loss
Even if you wear earplugs in a construction site, factory, or other loud environment, you will likely experience a decline in hearing capability in due time. Injured eardrums and general hearing loss resulting from exposure to noise in the workplace pave a path toward workers’ compensation benefits.
The medical costs tied to hearing loss resulting from exposure to noise at work are covered through the workers’ compensation system. Such coverage surprises some as there is a general assumption that workers’ compensation benefits are only applicable to cuts, broken bones, and other injuries that are visible or clear.
Employer Liability
Employers pay workers’ compensation insurance premiums to sidestep potential lawsuits from injured employees. Occupational hearing loss is covered by the workers’ compensation benefits system if an attorney can prove the diminished hearing is causally related to exposure to noise at work.
Though the employer takes a financial loss in the form of insurance premiums paid to continue workers’ compensation, it is not legally liable for a personal injury.
While workers’ compensation protects employers from personal injury lawsuits, liability can still be demonstrated if evidence shows the employer failed to provide adequate hearing protection or neglected to maintain safe noise levels. Employers are responsible for providing proper safety measures, and failure to do so—such as not offering protective equipment or sufficient training—can strengthen a claim for workers’ compensation benefits.
Proving Work Noise Caused Hearing Loss
File a workers’ compensation claim for hearing loss related to work, and you’ll likely be subjected to a specialized deafness test. Such a test is designed to determine if hearing loss exists. Your attorney will play an invaluable role in establishing a causal relationship between the loss of hearing and exposure to noise at work.
The specialized deafness test is nothing to fear. Hearing thresholds at various hertz frequencies are measured in a sound room to determine the level of deafness. You will likely don earphones hooked up to an audiometric instrument during the test.
There is also a chance that your audiologist’s medical reports demonstrating loss of hearing will be enough to prove hearing loss. The purpose of such analysis and records is to determine if there is hearing loss in one or both ears that is compensable through the workers’ compensation system.
Compensation for Hearing Loss
If it is proven you have hearing loss, you may receive compensation. However, that compensation will be limited. In general, the workers’ compensation system provides money to cover the cost of hearing exams and hearing aids. You might also receive financial compensation in the form of indemnity payments that reflect your scheduled loss of use.
Learn More During a Consultation With Our Atlanta & Savannah Workers’ Compensation Attorney
If you have hearing loss from exposure to noise at work or any other injury, don’t suffer in silence. Our Atlanta & Savannah workers’ compensation attorney will review your case and fight for benefits on your behalf. Reach out to us today to schedule a consultation.
