Hearing loss, either partial or full, is one of the most common work-related disabilities. In fact, more and more people are filing Worker's Compensation claims against employers who did not follow the correct guidelines. Many employers either didn't know they were required to provide protective gear or they simply refused to pay the added expense. The result is hundreds of workers each year are being diagnosed with work-related hearing loss.
Causes of Hearing Loss
Work-related hearing loss can be caused by long-term exposure to loud noises, being in close proximity of any machine or device that is constantly producing any type of noise over a specific decibel level, and not wearing protective headgear that is designed to protect your hearing and prevent hearing loss.
Can I Sue for Hearing Damage?
In general, that will depend on how and where you've been injured. If your hearing has been damaged either at work or because of the type of work you are doing, you are likely to have to file a worker's claim before you can file a lawsuit.
Remember that the laws for comp claims of staff on railroads and construction sites vary from your typical argument.
How Does A Person Get Worker's Compensation for Hearing Loss?
If you believe that your hearing loss is work-related, you need to have your hearing evaluated and then file a Worker's Compensation claim that will help you get the medical treatment you need. There are specific requirements and deadlines that must be met. Talking to a personal injury attorney will help you get all of the necessary paperwork filed on time so your case can be heard.
How Can I Benefit From A Worker's Compensation Case?
By filing a Worker's Compensation claim against your employer that covers your work-related hearing loss, you will accomplish two things. You will get the compensation you need to get the medical treatment that covers your injuries. You will also get monetary compensation to help with your living expenses if you can no longer work or must be retrained to perform a new job. This way, your hearing loss settlement will get done.
What is the Average Payout for Hearing Loss?
The average payout for hearing loss varies as each person’s case is different, depending on various factors such as the severity of the injury or incident. Some cases are strong where workers are compensated a large payout, while there are other cases where the payout is virtually non-existent. According to figures released by the Workers Compensation Agency in 2010, the average workers’ compensation payout was $65,868.14.
How Long Does It Take to Settle the Workers’ Comp Case in California?
While small cases with few contested issues usually close quicker than significant cases with many disputed issues, that doesn't mean that any single minor case will be easily finished or that a big case will take a long time. For some, it depends on the willingness of the parties to compromise. In other cases, it depends on how long it takes to find the necessary statistical and medical information to learn. If you want an estimate of how long your job claim would take to settle, consult with a California-based lawyer with workman comp law experience. While the attorneys' estimation will not be a guarantee, it will be based on an analysis of your specific case.
How is Workers' Comp Settlement Calculated?
A workers’ compensation settlement is difficult to calculate as there is generally some debate about the severity of your injuries and whether you can do other research.
For your boss and his insurance company, they’ll be looking at job loss insurance and medical care expenses. Also, the insurance company can go to trial and take their chances on losing the case.
Workers’ compensation payments are typically calculated by taking a profit from your weekly wage loss and multiplying the amount by 52. It gives you an idea of how much job loss payments the insurance company will have to pay per annum. Sometimes, the interest of a settlement can be improved if you can prove you need further medical treatment. Note that all medical treatment for your work injury has to be reasonable and necessary.
If you are suffering from work-related hearing loss, call your doctor right away. The next phone call should be to Gaylord & Nantais. A qualified and well-versed worker’s compensation attorney based in a Long Beach, Los Angeles firm will help you get the assistance you need!
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