Occupational hearing loss is a common type of workplace injury that can have a significant impact on your quality of life. Losing your hearing can be frustrating and affect your quality of life. It can impede your ability to communicate with others and enjoy activities like listening to music. If you believe that your hearing loss is job-related, the occupational disease lawyers at Nappa, Monterosso & Poznansky can help you prove your case. As the largest workers’ compensation law firm in Staten Island, we help injured workers throughout the greater NYC area obtain the benefits they deserve.
What is Occupational Hearing Loss?
Occupational hearing loss is a hearing impairment that happens as a result of repeated exposure to high noise levels or toxic chemicals in the workplace. It is one of the most common occupational diseases and is prevalent in industries where loud machinery, tools, equipment, or environmental noise is present. Workers in the construction industry, manufacturing, mining, and entertainment are often exposed to noise levels that can damage their hearing over time.
Types of Occupational Hearing Loss
Noise-Induced Hearing Loss (NIHL) is the most common type of occupational hearing loss and is caused by prolonged exposure to high levels of noise in the workplace.
Acoustic trauma is a form of NIHL that occurs due to a single exposure to a sudden, extremely loud noise, such as an explosion.
Ototoxicity is hearing loss caused by exposure to certain chemicals that may damage the inner ear or auditory nerve. Solvents and heavy metals are often the cause of ototoxic hearing loss.
In some cases, workers who suffer from occupational hearing loss may be subjected to both loud noises and toxic chemical exposure.
Filing a Workers’ Compensation Claim for Occupational Hearing Loss in New York
Unlike other workers’ compensation claims, occupational hearing loss claims cannot be submitted until three months from the date you were no longer exposed to harmful noise in the workplace or three months after you leave a place of employment where the noise occurred. Generally, you have two years from the date your disability began to file a claim.
If you’re experiencing symptoms of occupational hearing loss and wish to pursue a claim, you must be examined by an otolaryngologist (ear, nose, and throat doctor) approved by the New York Workers’ Compensation Board. It’s important to provide a full history of your employment, the kind of work you did and for how long, and the type of noise or chemical exposure you may have endured. You should also disclose other noise exposure you may have experienced, such as being subjected to loud noises or toxic substances during military service.
The otolaryngologist will do an examination, review your medical history, and discuss your hearing loss with you. They will then offer an opinion about whether you have a compensable hearing loss. The doctor will complete a form that details your hearing loss as required by New York workers’ compensation law. Once you have medical evidence of occupational hearing loss, it’s important to file a claim promptly. Our occupational disease lawyers can evaluate your case and determine the best path forward to a successful claim.
How an Occupational Disease Lawyer Can Help Prove Work-Related Hearing Loss
Proving that your hearing loss is directly related to your work environment can be challenging. That’s why it’s vital to hire an experienced occupational disease attorney familiar with hearing loss claims and workers’ compensation law in New York.
Your occupational disease lawyer will gather and review your medical records, employment history, and any other evidence you have that documents noise exposure in the workplace. Workers’ compensation lawyers also have access to experts who can measure and document the noise levels at your workplace. If you have been exposed over a long period of time, your lawyer can gather historical noise exposure data, which can provide a comprehensive view of the noise exposure you’ve experienced.
Proving Occupational Hearing Loss
Your occupational disease lawyer will investigate your employer’s safety policies and practices regarding noise control and hearing protection. They can also find out whether your employer has complied with Occupational Safety and Health Administration (OSHA) regulations and other applicable safety standards. In addition, they may gather witness statements from coworkers or supervisors about your work environment and noise exposure.
Your lawyer may also have you undergo an evaluation from another otolaryngologist or a hearing expert such as an audiologist. Your occupational disease attorney will use the information they provide to help establish a link between your hearing loss and workplace noise exposure. If necessary, these experts may testify in court and explain the nature of your hearing loss and its likely causes. Your lawyer may also ask an occupational health expert to testify about typical noise levels and risks associated with the type of work that you do.
An Occupational Disease Lawyer Gives You the Best Chance of a Successful Outcome
Compiling evidence like medical records, documentation of noise levels in the workplace, witness statements, and expert opinions can be daunting. An occupational disease lawyer in New York knows how to put it all together and develop a robust legal strategy to prove your hearing loss is work-related. They can negotiate with your employer’s insurer, represent you in administrative hearings, and assist with appeals if your claim is denied.
Having an experienced workers’ compensation attorney help you file your claim ensures your rights are protected and increases your chances of a successful claim. Our occupational disease lawyers care about your well-being and work to help you achieve the best possible outcome. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients.
Contact an Occupational Disease Lawyer in the Greater NYC Area
If you or a loved one is suffering from occupational hearing loss, Nappa, Monterosso & Poznansky, LLP, can help. To schedule a consultation with an occupational disease attorney in the greater New York City area, contact us or call 718-273-9000 today.
