If you have suffered hearing loss on the job, you may be entitled to Workers’ Compensation benefits that can replace some of your lost earnings and cover your medical treatment. However, you may anticipate a difficult Workers’ Compensation claim because you are dealing with an insurance company that may either deny that you are injured or dispute the connection between your hearing loss and your job.
Hearing Loss Is a Common Job-Related Injury
Many workers in New Jersey are subject to loud noises on the job. For example, if you work on a construction job site, there are constant noises made by loud machinery. The same thing may apply if you work on a factory Floor.
The national figure that claims that 22,000 workers each year suffer hearing loss is likely dramatically underreported. Many workers do not begin to notice hearing loss at first because it builds over time. In other cases, a worker may suffer hearing loss from a traumatic accident, but they may not realize the extent of the damage at first.
Workers’ Compensation Benefits for Hearing Loss
Hearing loss is a physical injury, the same as any other harm that you would sustain from an accident. This injury requires medical attention, and it can keep you from being able to work, both now and in the future. As such, if you can qualify based on showing that you have suffered a job-related injury, you may be entitled to the following in Workers’ Compensation benefits:
- Two-thirds of your lost wages, up to a statutory limit
- Medical costs to treat your injuries
- Vocational costs that may provide for training for a new position or on how to do your job given your physical condition
Hearing loss is often a permanent disability that leaves you unable to do the job that you did before you were hurt. When you have reached a point of maximum medical improvement for your injury, you would undergo a medical evaluation. If you still have hearing loss, you would likely be permanently partially disabled because you are still able to do some work. You would receive a disability rating that equates to the percentage of your lost wages that you may receive on a permanent basis. In many cases, you may need to challenge the disability rating that you have received because it does not sufficiently reflect your own situation.
What to Do After You Have Suffered Hearing Loss on the Job
It is vital that you both seek medical treatment and notify your employer of your injury immediately. You have 90 days from the time that you are injured to inform your employer. Because hearing loss could evolve over time, there may be disputes over when you should have given notice that may impact your potential Workers’ Compensation benefits. As soon as you suspect that you have suffered job-related hearing loss, it would be time to give your employer notice in writing so that nobody can dispute whether you met the deadline.
Workers’ Compensation hearing loss cases can be difficult because they rely on your reports of what you are experiencing. Hearing tests may be subjective in nature. In many cases, the fact that you have suffered hearing loss does not necessarily show up on paper in a way that the insurance company may see.
In addition, you must also prove that your hearing loss was sustained in connection with your job duties. The insurance company may argue that you are suffering from a different type of condition, or they may dispute the fact that you lost hearing at work. Accordingly, you may have to worry about your initial claim being denied and being forced to appeal.
South Jersey Workers’ Compensation Lawyers at the D’Amato Law Firm Will Help You Navigate the Legal Process
If you have been injured on the job, the South Jersey Workers’ Compensation lawyers at the D’Amato Law Firm can help you navigate what could be a difficult legal process in seeking the benefits that you deserve. Take the first step in the legal process by scheduling a free initial consultation, which you can do by messaging us online or by calling us today at 609-926-3300. Our office is located in Egg Harbor Township, New Jersey, and we serve clients in the surrounding areas.