Collecting Workers Compensation for Hearing Loss & Deafness

Most people are surprised to learn that hearing loss is the most common work-related injury in the United States. And, unfortunately, many workers are often unaware that hearing loss is a work-related injury that is covered by Workers’ Compensation!

It is estimated that 22 million workers are exposed to hazardous noise levels in the United States. And 18% of these people have suffered hearing loss as a result, according to the National Institute for Occupational safety. Additionally, nine million American workers are exposed annually to chemicals in the workplace – called “ototoxic” substances – that may cause hearing loss.

Hearing loss from noise exposure is called Noise Induced Hearing Loss (NIHL). NIHL is defined as hearing loss resulting from continuous or intermittent noise exposure and duration. NIHL typically develops slowly over the course of many years. However, a one-time traumatic event in the workplace – such as an explosion – may also cause a hearing loss.

Who Can Get Workers Compensation for Hearing Loss?

When noise exposure causing deafness occurs in the workplace it is called Occupational Hearing Loss or “OHL”. Occupational Hearing Loss (or “deafness”) occurs across a wide number of industries.

Obviously, construction workers and manufacturing employees come to mind when one thinks of workers who are exposed to loud noise at work. And these employees are indeed among the most likely to have an increased risk of noise exposure – and are at the highest risk for OHL.

However many other types of workplace noise exposure can lead to hearing loss, including and law enforcement personnel (gunshot noise), teachers (student noise), airport workers (jet engine noise), and customer service employees (headset noise exposure).

In fact, any occupation in which the employee is exposed to a noise environment of 100 decibels or more increases the risk of hearing loss by 3.6 times.

CLICK HERE to Read Workers Compensation Hearing Loss FAQs

Most Common Workplace Causes of Hearing Loss

Hearing loss is a very common workplace injury, and various factors can contribute to its development. Industries like construction, manufacturing, and aviation often involve high noise levels. Prolonged exposure to loud sounds can damage the delicate structures in the inner ear, leading to hearing loss over time.

Conversely, workplace accidents involving explosions, heavy machinery, or other loud incidents can cause sudden, severe hearing damage.

Also, some chemicals, especially those found in industries like manufacturing and agriculture, can harm hearing when workers are exposed without proper protection. Additionally, employers are responsible for providing adequate hearing protection, such as earplugs or earmuffs, in noisy work environments. Failure to do so can increase the risk of hearing loss.

How Do I Know if I Qualify for Workers Comp for My Deafness?

To collect Workers Comp in California for hearing loss in California, you must:

• Prove that you have a partial or total hearing loss; and
• Prove that the hearing loss was caused by the workplace (by noise, injury, chemicals, etc.)

Proving a hearing loss is done through a medical examination by an ENT physician (or other specialist) AND “Audiometric” testing to determine the amount of your hearing loss. Hearing loss for purposes of workers’ compensation cases is measured by a “pure-tone audiometer” and a percentage of hearing loss will be assigned to you.

While proving the hearing loss is fairly objective, proving that the hearing loss resulted from noise (or chemical) exposure in the workplace can be much more difficult. The Workers Comp Insurance adjusters will often blame your partial or total deafness on: your age; a prior trauma or pre-existing disease; use of prescription or recreational drugs; inherited conditions; hobbies such as playing rock music or hunting; or, even previous employers – that could have caused or contributed to your deafness.

Reasons Employers Deny Workers Comp Claims for Hearing Loss

Unfortunately, employers and their insurers may frequently try to deny workers’ compensation claims for hearing loss. Our experienced workers comp attorneys have often seen employers try to argue that the worker had a pre-existing hearing condition or that their hearing loss was unrelated to workplace exposures.

In other cases, the insurer may contest the severity of the hearing loss, arguing that it’s not severe enough to warrant compensation. Employers may also try to dispute workers comp claims for hearing loss by claiming there is insufficient medical documentation or evidence linking the hearing loss to workplace conditions.

Delayed reporting of the hearing loss to supervisors or superiors can also lead to claim denials, as prompt reporting is crucial in workers’ compensation cases.

Why Hire an Experienced Workers Compensation Attorney

Seeking the assistance of an experienced workers’ comp attorney can be crucial when pursuing a claim for hearing loss.

A knowledgeable worker’s compensation attorney understands the complexities of hearing loss claims, including the medical evidence required to establish a connection between workplace exposures and the condition.

A workers’ compensation attorney can also help you navigate the specific regulations governing your case. And when disputes arise or claims are denied, your workers comp attorney can aggressively negotiate with your employer’s insurance company to secure the compensation you deserve.

Additionally, if your hearing loss claim is denied, a workers compensation attorney can guide you through the appeals process, ensuring all necessary documentation and evidence are presented effectively.

Workers Compensation Attorneys for Hearing Loss & Deafness

If you applied for and were denied Workers Compensation for a partial or total hearing loss, it is important to contact a Workers Compensation attorney who is experienced in hearing loss cases immediately. Injured workers have a limited time to appeal a Workers Comp denial. And a Workers Comp attorney who is has experience with hearing loss cases will be able to help you present more or better documentation to help you obtain the benefits you deserve.

With our compassionate, skilled, and experienced workers compensation attorneys handling the legal aspects of your hearing loss claim, you can focus on your health and well-being, knowing that your case is in the best hands possible.

If you’ve suffered hearing loss due to workplace exposures, schedule a consultation with a Cantrell Green workers compensation attorney today. We can help you navigate the complexities of the workers compensation claims process, gather the necessary medical evidence and documentation, and advocate for your right to receive compensation for your work-related hearing loss.

Our Long Beach Workers Compensation attorneys have obtained millions of dollars for disabled, deaf and hearing impaired workers. We know how the California Workers Comp system works and how to obtain the maximum benefits for which you qualify.

Long Beach Workers Compensation Attorneys: 562-622-4800

CLICK HERE to Read Workers Compensation Hearing Loss FAQs

Workers Comp for Airline Employees, Flight Attendants & Baggage Handlers

Although flying itself is safer than ever before, there are many other risks of injury inherent in working for an airline or airport. In addition to the potential injuries from handling heavy baggage and being on your feet for hours on end, an upsurge in unruly passengers, COVID-19 and other issues present new risks for flight crew, gate agents and baggage handlers.

Fortunately, workers’ compensation benefits are available to any airline or airport employee who becomes injured in their line of work. This includes workers’ comp coverage for sudden, acute injuries (like a fall or dislocated shoulder) – as well as compensation for chronic injuries that occur over time (like back problems) and illnesses contracted at work.

Common Workers Comp Injuries for Airline Baggage Handlers

There are of people airport and airline employees that never leave the ground. These include baggage handlers, load handlers, mechanics, ground crew, gate agents and more.

The average baggage handler lifts approximately five to 10 bags per minute – each typically weighing between 32 and 70 pounds. And lifting is only part of the strain on the body, since handling bags also involves twisting, pulling and pushing that can affect the back, neck, and arms.

Common injuries that happen to people in baggage handling jobs include:

• Injuries from heavy or large baggage
• Musculoskeletal disorders (MSDs)
• Bending and twisting injuries
• Mechanical / machinery injury
• Muscle injuries from moving / lifting disabled passengers
• Slip & falls on wet or slippery surfaces
• Strike by a vehicle or other object
• Accidents from shift work sleep disorder (SWSD)
• Hearing loss from noise exposure

Common Workers Comp Injuries for Flight Attendants

Flight attendants have their own share of injuries, due to the unique nature of performing their duties on crowded planes, while moving at hundreds of miles per hour, thousands of miles in the air. In fact, flight attendants have one of the highest injury and illness rates of all occupations.

Some of the most common on-the-job injuries that flight attendants face include:

• Musculoskeletal disorders (MSDs) from lifting or moving luggage in overhead bins
• Wrist, shoulder, and back injuries from pushing and pulling food and beverage carts.
• Shift work disorder (SWD) from long, grueling schedules often crossing time zones.
• Stress from passengers who are combative, uncooperative, security risks, or who engage in conflict with other passengers or staff
• Burns and heat from handling hot liquids and ovens during flights
• Bruises, broken bones, or head injuries suffered due to turbulence
• Hearing loss from noise exposure
• Slip and fall injuries due to ramp accidents
• Assault from a passenger
• “Sick airplane syndrome” from poor air quality in the aircraft
• COVID-19 from exposure to infected passengers

Jurisdiction for Flight Attendant Workers Compensation Cases

Many flight attendants are unsure of where (in what State) they are allowed to file a workers’ compensation claim. This is called “jurisdiction.” Jurisdiction for flight attendant workers’ comp claims may lie:

1. In the State where the injury occurred
2. In the State where the flight attendant’s contract for hire was entered into
3. In the State in which the employer’s principal place of business lies
4. In the State in which the Flight Attendant is “based”

For this reason, it is extremely important to consult with an experienced workers’ compensation attorney who specializes in flight attendants and airline employees, like the workers’ comp lawyers at Cantrell Green. If you are a flight attendant who was injured at work, they will be able to ensure that you file your workers’ compensation claim in the right State so that you meet the “jurisdictional requirement.”

Airline Employee Workers Compensation Attorneys

If are you are a fight attendant, baggage handler, or other airline employee and you were injured or made ill in the workplace, we recommend that you speak with an experienced workers compensation attorney immediately. An experienced airline employee workers compensation attorney can help you identify minor issues before they become major problems – and make sure that you not only receive your benefits now, but for years to come.

Your consultation with our experienced airline employee workers’ compensation attorneys is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our attorneys will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ compensation benefits for which you qualify.

Flight Attendants & Baggage Handler Workers Compensation Attorneys: 800-964-8047