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How to File Workers' Comp for Occupational Hearing Loss

Hearing loss can certainly develop after a while of being exposed to loud, incessant noise in the workplace. Some workers might not realize that they have legal rights and to find due compensation from occupational hearing loss. Our Sacramento workers’ comp lawyers at Smolich and Smolich can help keep you informed about your legal rights.

Understanding Workers’ Compensation Laws

In a report from the National Institute for Occupational Safety and Health (NIOSH), occupational hearing loss is one of the major illnesses that workers face. Furthermore, nearly 22 million employees in the U.S. suffer from some form of occupational hearing loss. As a result, the laws established that certain guidelines needed to be followed in the workplace to prevent this.

This includes the following:

  1. All workplaces are required to obey the rules on preventing hearing loss. This includes enforcing the use of protective equipment or requesting that employees frequently have audiometric tests to check on their hearing periodically.
  1. An employer can be held liable if they had these rules in place and did not enforce them, failed to warn employees, or simply took no action at all to prevent any harm. Some industries might be more prone to occupational hearing loss, such as in the industrial sector, where employees heavy and loud machinery on a daily basis.

If you are considering filing a claim for occupational hearing loss, remember that there must be distinct and credible evidence that employer negligence played a role. For example, disregarding the regulations and choosing not to wear the hearing protection devices would not be considered employer negligence, as the worker made the conscious decision not to follow through with the rules.

Do You Need Legal Assistance with Your Hearing Loss Claim?

Other factors might affect the overall outcome of your claim. Do you regularly practice good habits when it comes to hearing loss? Do you consistently listen to loud music, for example? Remember that other sources may have contributed to hearing loss.

As hearing loss is considered a chronic health condition, workers may be entitled to receive workers’ compensation due to this. Workers’ comp may be useful in covering the costs of medical treatments, bills, rehabilitation, and even lost wages due to being unable to work in the industry.

You can discuss your case further with our team at Smolich and Smolich. We are dedicatedSacramento attorneys who have been helping people with injuries sustained on the job,and have been doing this since 1969.