Although you might not think of noise as a hazard, it is one of the most dangerous pollutants on many websites. Excessive noise can lead to hearing loss and possibly even deafness. For this reason, the government requires that employers measure the noise and take steps to mitigate it.
If you suffered hearing loss, then your work environment might be to blame. According to the Bureau of Labor Statistics, about 15,000 workers suffer hearing loss each year. For some, the loss will be temporary, but others will have permanent hearing loss.
Call to speak with a Des Moines workers’ compensation lawyer at Ball, Kirk & Holm, P.C. We have the workers’ comp experience you need to bring a successful claim.
Noisiest Jobs
Any place of employment could have excessive noise. But the most common industries are:
- Construction—Heavy machinery, jackhammers, nail guns, and hammers all contribute to constant noise.
- Manufacturing—Large machines run at all hours, generating considerable noise. It’s hard for workers to get away from the machine, based on their job duties.
- Landscaping—Lawnmowers and electrical saws are only some of the loud pieces of equipment used in landscaping.
- Mining—The blasts in mining create loud noises, which have a cumulative effect on workers’ hearing.
- Farm work—Tractors and other heavy pieces of equipment generate considerable noise.
You might not know if noise is too loud. However, you are at risk of permanent hearing loss if you notice any of the following signs:
- You experience temporary hearing loss. For example, you might not be able to hear anything for an hour or two after your shift ends.
- You are shouting so you can be heard by someone who is only an arm’s length away.
- You hear ringing in your ears after you leave work. The ringing might go away with rest, or it might not.
If you notice any of these symptoms, speak with your employer, because you are likely experiencing excessive noise. They need to address the problem before your hearing is compromised even more.
Regulating Noise in the Workplace
The Occupational Safety and Health Administration (OSHA) has limited the amount of noise workers can be exposed to. Currently, the limit is 85 decibels for an 8-hour day. As the noise increases, the number of hours of acceptable exposure decreases.
Your employer is obligated to measure noise and mitigate against it. For example, you should be provided with hearing protection. A simple method is foam earplugs, but sound-deadening headphones are another option.
An employer should consider all techniques for dampening sound. For example, your employer might choose machines which emit less noise, or they move some people farther away from the heavy machinery. Extremely loud machines can be isolated in rooms with insulation to dampen sound. Another option is to run the loudest machines when the fewest people are at the jobsite.
These are steps an employer should consider to reduce excessive noise. Employers cannot simply turn a blind eye (and deaf ear) to excessive noise at work because they might end up fined by OSHA.
Can You Reverse Hearing Loss?
It depends on the cause. For example, your auditory nerve could suffer physical damage due to high noise. In that situation, then hearing loss is not reversible. However, treatments are available for other types of hearing loss. You might respond in some situations to hearing aids or a cochlear implant.
Hearing loss makes it much harder to work a job. Some industries absolutely require that you have close to perfect hearing so that you don’t injure yourself. If you can’t work your job, then you might need vocational rehabilitation to transition to some other field.
Workers’ Compensation Benefits
If your hearing loss stems from the workplace, then you can request workers’ compensation benefits. You should receive all medical care, free of charge.
You can also receive scheduled member disability benefits. If you totally lost hearing in one ear, then you can receive 50 weeks of benefits. If you suffered permanent and total loss in both ears, then you can receive 175 weeks of benefits. Those are the maximums. If you suffered a partial loss of hearing, then you can receive fewer weeks of benefits.
One challenge with hearing loss is convincing workers’ comp that your workplace is to blame. Your employer might claim your hearing is going simply because you are older. We can help you document the source of loud noise at work. It also matters if your employer didn’t give you any ear plugs or headphones.
You might also receive rehabilitation benefits, including vocational benefits. These will help you train for a new job. Someone who works in transportation cannot continue to haul if they can’t hear, so you might need to get additional training to qualify for different work.
Can You Receive Pain and Suffering Compensation?
Not through workers’ compensation. Losing your hearing is devastating. Many people can no longer communicate with loved ones—or at least not easily. Unfortunately, workers’ comp doesn’t provide any money for pain and suffering or other intangible losses.
Nonetheless, you might have a valid claim against the manufacturer of any ear plugs or headphones you used, which could have been. You could bring a product liability suit against the manufacturer or another defendant and seek full damages, including pain and suffering damages.
Call our legal team. We are responsive 24/7. We can ensure you receive the most compensation possible. That might mean filing a lawsuit for defective equipment, including earplugs.
Experienced Workers’ Compensation Lawyers in Des Moines
Hearing loss can happen gradually. At some point, however, hearing loss interrupts a person’s ability to communicate with friends and family outside work. And at that point, you might realize there is a problem.
Our law firm can assist anyone who claims hearing loss as an occupational injury. You will benefit from our experience with the workers’ compensation claims process. We can even handle an appeal if you were denied benefits. Schedule your free, no-risk consultation by calling our office today.