Hearing loss at work is a critical issue that can have profound consequences for both employees and employers. Exposure to excessive noise levels, whether from machinery, equipment, or other sources, poses a significant risk to workers’ auditory health. Prolonged exposure to high decibel levels can lead to permanent hearing damage and impact one’s overall quality of life.
According to data from the Centers for Disease Control and Prevention (CDC), approximately a quarter of the American workforce faces exposure to potentially harmful noise levels while on the job. This hazard is most prevalent within specific industries, with construction leading the way, followed closely by manufacturing, agriculture, transportation, and material moving sectors. To focus on a regional perspective, in the state of California alone, an alarming 1.4 million employees contend with unsafe noise levels in their workplace environments.
Laws in California for Hearing Loss at Work
- Occupational Noise Exposure Standard (Cal/OSHA Standard 5102): This standard requires employers to protect workers from noise exposure that could cause hearing loss at work. The standard sets exposure limits for different types of noise and requires employers to provide hearing protection to workers who are exposed to noise levels above these limits.
- Workers’ Compensation Law: The Workers’ Compensation Law provides benefits to workers who are injured or become ill as a result of their employment. This includes workers who develop hearing loss at work. If you have hearing loss that you believe is the result of someone else’s negligence, you may be able to file a claim for damages. The specific type of hearing loss you have will affect the type of claim you can file and the amount of damages you may be able to recover.
Hearing loss claim time limit
The statute of limitations for filing a hearing loss claim in California is typically two years from the date of the injury. However, for occupational hearing loss claims, there’s often a one-year limit from when you become aware of the work-related hearing loss. Specifics can vary, so it’s advisable to consult a workers’ compensation attorney or the California Department of Industrial Relations for accurate information based on your situation. Taking prompt action is essential to ensure your claim aligns with the applicable time frame.
How much is a hearing loss claim worth
The amount of money you can get in a hearing loss claim in California can vary depending on several factors, including the severity of your hearing loss, the cause of your hearing loss, and your medical expenses. The average cost of workers’ compensation for hearing loss is $10,000. The total cost of workers’ compensation claims for hearing loss in California is estimated to be $100 million per year. Also, according to a recent study by the National Center for Catastrophic Injury Research, the average settlement for a hearing loss claim in California is $1.2 million. However, this number can vary widely, and some claims have settled for much more or less. Here are some of the factors that can affect the value of your hearing loss claim:
- The severity of your hearing loss
- The cause of your hearing loss
- Your medical expenses
- Your lost wages
- Your pain and suffering
It is important to note that the amount of money you can get in a hearing loss claim is not set in stone. The amount of money you receive will depend on the specific facts of your case and the negotiations between you and the insurance company.
In summary, addressing hearing impairment concerns in the workplace while pursuing workers’ compensation necessitates a meticulous approach and decisive steps. Prioritizing your overall health and mental well-being is crucial since hearing loss can significantly impact various aspects of your life. At Pistiolas Law, our dedication lies in championing the rights of individuals confronting workplace difficulties, including those linked to hearing impairment. What distinguishes us is our extensive proficiency in employment law, specifically in matters concerning disability discrimination and the provision of workplace adjustments. Legal counsel can assist in evaluating the merits of your case, ascertaining the validity of your claim, managing the process of filing a claim and engaging in negotiations with the insurance company. If you encounter workplace issues linked to hearing loss, reach out to us immediately at (844) 414-1768.