Clients often come to me with questions about hearing loss, and they wonder whether they can recover damages as a result of this injury. Yes, hearing loss is a common type of injury, especially for those working in industrial environments. That said, if you experience hearing loss, there are a wide variety of factors that influence what sort of payment you can expect to receive. One thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation. Barrett Law has the experience to help you recover for hearing loss. Contact us now at (601) 790-1505.
Hearing loss is a significant problem in the United States. According to the Centers for Disease Control and Prevention’s (CDC) website:
Occupational hearing loss is one of the most common work-related illnesses in the United States. Each year, about 22 million U.S. workers are exposed to hazardous noise levels at work. Over 30 million U.S. workers are exposed to chemicals, some of which are harmful to the ear (ototoxic) and hazardous to hearing. In addition to damaging workers’ quality of life, occupational hearing loss carries a high economic price to society.
That quote raises an important point. First, work related hearing loss is a serious issue. Second, while we commonly thing of very loud noises as the reason for hearing loss, exposure to toxic chemicals is actually a greater overall threat. This is particularly an issue in Mississippi, as we have a high number of workers exposed to loud noises in the industrial and farming environment, as well as in the petrochemical and plastics industry, both of which utilize potentially ototoxic chemicals.
In particular here in Mississippi, the following industries have the high risk of causing hearing damage: manufacturing, construction, welding, carpentry, airport work, entertainment, and the military.
An employer or business can be liable for your hearing loss if you are negligently exposed to either sounds or chemicals that damage your hearing. “Negligence” has many definitions, but generally means that a person or business fails to act reasonably under the circumstances. What is “reasonable” is often a point of much disagreement. For example, we have all spent an evening at a concert or bar and returned home to find our ears ringing. In that situation, while there was some effect on our hearing, it was short term and we chose to subject ourselves to it. It is probably not reasonable to expect the concert promoter to hand out ear plugs. However, a bartender or waitress working in that venue night after night might need those ear plugs to prevent permanent hearing loss, and it is may be un reasonable for his or her employer to not provide them. The same “reasonableness” balancing must go on in each profession and activity.
One challenge of hearing injuries is that they often occur imperceptibly and gradually. As a result, it is easy for an employer or business to claim that they were caused by poor health, natural hearing degradation, or some other intervening cause. If you feel your hearing ability decreasing, it is important to see a doctor or audiologist to document any decline.
What Should You Do If You Suffered Hearing Loss?
If you believe you are suffering from hearing loss, document it. You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered hearing loss.
Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced. Contact us now at (601) 790-1505.
