Hearing Loss

How Does Occupational Hearing Loss Occur?

The National Institute for Occupational Safety and Health (NIOSH) reports that around 22 million workers in the United States are exposed to hazardous noise levels annually. Another 13 million workers are at a higher-than-average risk of exposure to chemicals that can damage hearing.

According to MedlinePlus, any sound above 80 decibels (dB) can harm the inner ear and cause hearing loss, especially when exposure happens repeatedly over a prolonged time, as in the workplace. Examples of loud sounds you might encounter on the job include:

• The engines of large trucks, jets, and other vehicles
• Loud music
• Jackhammers and other power tools

Workers can also sustain on-the-job hearing loss through contact with chemicals via inhalation, absorption through the skin, or accidental ingestion. According to NIOSH, substances that are ototoxic (toxic to the ear) include:

• Carbon monoxide
• Pesticides
• Lead
• Mercury compounds
• Toluene (found in gasoline, paints and varnishes, and adhesives)
• Acrylonitrile (found in acrylic acid)

Jobs With a High Risk for Hearing Loss

Any worker regularly exposed to sounds at or above 80 dB is at risk for occupational hearing loss. Jobs with a higher risk of noise exposure include:

• Construction work
• Farming and agricultural work
• Mining
• Firefighting
• Airline ground maintenance workers and flight crews
• Truck drivers, bus drivers, and ambulance drivers
• Workers who use heavy machinery or equipment
• Military occupations with exposure to combat or aircraft noise
• Music and entertainment industry professionals

NIOSH states that the following industries are more likely to expose workers to ototoxins:

• Metal fabrication
• Chemical, plastic, petroleum, and paper production
• Solar cell manufacturing
• Textile and apparel manufacturing
• Electrical equipment, battery, and appliance production
• Ship and boat building
• Furniture manufacturing

Signs Your Work May Be Damaging Your Hearing

Hearing loss may be a concern in your workplace if you must shout to be heard by coworkers an arm’s length away or if you experience temporary hearing loss, ringing, or humming in the ears after leaving work.

See a doctor immediately if you suspect you have suffered occupational hearing loss. You can also contact our law firm for a free consultation. We can tell you more about seeking workers’ compensation for hearing loss in Florida. Call Rosenberg & Rosenberg now for more information.

How to Get Workers’ Compensation for Hearing Loss in Florida

Most Florida employers must have workers’ compensation insurance. Employees can seek medical coverage and other benefits through this insurance for job-related injuries and illnesses. There are several steps in the claims process, including:

• Report your injury. The first thing you should do as soon as you suspect you have a hearing injury is report it to your employer, who will notify the workers’ compensation insurance company.
• See a doctor. You should seek medical attention immediately for your hearing loss. You must see a provider authorized by your insurance plan. Your employer can give you a list of acceptable doctors. A physician can diagnose your condition and submit medical bills to the insurance company.
• Follow your treatment plan. Follow your doctor’s orders. Failure to do so could cause problems with your claim.
• Save records. Keep a record of your medical bills, time lost from work, and other injury-related expenses.
• Consult with our workers’ compensation lawyers. Rosenberg & Rosenberg can guide you through your claim, help you avoid common pitfalls, and work to get the maximum compensation possible.

How to Prove You Have Work-Related Hearing Loss

To secure workers’ comp for your hearing loss, you must show that you have an injury that occurred on the job. A doctor can diagnose hearing loss with a physical examination and testing that may include an audiometer test, CT scan, or MRI. 

Our workers’ compensation law firm can establish your hearing loss is job-related by using evidence, including your medical records, eyewitness and expert testimony, and information about your workplace.

Benefits You Can Secure With a Workers’ Compensation Claim for Hearing Loss in Florida

According to Florida’s Chief Financial Officer (CFO), workers’ compensation may include:

• Medical benefits.  Medical coverage should pay for all necessary treatment related to your work injury and hearing loss, including emergency services, surgeries, hospitalizations, doctor fees, diagnostic testing, hearing aids, prescription medications, hearing loss therapies, and attendant care.
• Wage replacement benefits. If you cannot work while you recover from your hearing injury, you can receive 66 2/3 percent of your pre-injury average weekly wage for up to 104 weeks. According to Florida Statutes § 440.15, “severe communication disturbances” may qualify you for permanent total disability benefits. Under the law, those with severe hearing loss or total deafness may be eligible to receive wage benefits up to age 75.
• Reemployment services. If hearing loss prevents you from ever returning to your previous job, you can access reemployment services through workers’ compensation, including job training, job placement, and vocational counseling.
• Death benefits. Workers’ comp will pay death benefits to the dependents and surviving spouses of fatally injured employees, including up to $7,500 for funeral and burial expenses, wage replacement benefits, and education benefits for spouses.

Do You Also Have a Personal Injury Claim for Hearing Loss?

If your workplace provides workers’ compensation insurance, you generally cannot sue your employer. However, if the negligent actions of a third party, such as a property owner, caused your hearing loss, you may have a personal injury claim.

By taking legal action against the negligent third party, our Florida personal injury lawyers can help you seek financial awards not recoverable through workers’ compensation, including:

• The full value of your lost wages, not just a percentage
• Compensation for reduced earning capacity
• Compensation for intangible losses like pain, suffering, inconvenience, and reduced quality of life
• Tangible and intangible losses for the wrongful death of a loved one

Our work injury lawyers can review your case and determine whether you may have grounds for a personal injury lawsuit.

How Long Do You Have to Seek Compensation for Hearing Loss? 

Florida Statutes § 440.185 states that you must notify your employer in writing about your workplace injury within 30 days. After that, you have two years to make sure your claim is filed or file it yourself, according to Florida Statutes § 440.19.

In addition, if you have a personal injury lawsuit, you have two years to file your case in civil court under Florida Statutes § 95.11. If the statute of limitations expires, you cannot take legal action.

Should You Hire Our Florida Workers’ Compensation Attorneys? 

Securing workers’ compensation for hearing loss in Florida can be challenging because workplace hearing loss often happens over time. There may not be a single isolated incident you can point to as the cause of your injury, which may give the insurance company an opening to fight your claim. Engaging our legal team from the outset can protect your right to financial recovery.

Our attorneys can help you prove you have hearing loss and that it is related to your occupation. We can also help you fight for the maximum compensation possible for your medical treatment and lost income. It may be especially important to consult with our workers’ compensation lawyers if:

• Your employer delays contacting the insurance company
• Your employer retaliates against you for filing a claim, an action prohibited by law
• Your employer or their insurer alleges your hearing loss is not work-related
• Insurance does not cover all of your medical bills
• There is disagreement over whether or not you can work
• Insurance does not accurately compensate your lost wages
• Your claim is denied
• You believe you also have a negligence-based personal injury case

Most importantly, we handle all aspects of your hearing loss claim while you focus on planning for the future.

Contact Rosenberg & Rosenberg About Your Hearing Loss Workers’ Comp Claim

Rosenberg & Rosenberg cares about the communities and people we serve. We give your case the attention it deserves and take the time to understand your situation. Our goal is to recover the resources you need to get your life back on track.

To learn more about how our team can help you get the most out of your workers’ compensation for hearing loss in Florida, call today. We offer free consultations and work on a contingency-fee basis.