2006-11-18 04:05:36 · 3 answers · asked by localgurl 1 in Business & Finance ➔ Careers & Employment
I am a truck driver of 28 years. I have audiogram tests that were taken from 1984 thru 2006 by the DOT audiologists. Copies of my audiogram test shows a standard threshold shift, throughout the years. I personally did not feel I had a hearing loss. My audiograms shows a deterioration from 1993 in the 65-80 decibels. In 1991, I had a sudden sensorineural hearing loss, caused by the flu. Currently, I am diagnosed with unilateral (left ear) idopathic sensensorineural hearing loss and tinnitus. My occupational doctor does not feel it is work related. But, the occupational doctor referred me to the ENT doctor and diagnosed my hearing loss as, noise-induced hearing loss, work related. Whom do I believe? Initially, I claimed w/c, but withdrew, because of the occp. doctor's diagnose. Can I submit a w/c claim for the aggravation?
2006-11-19 04:14:12 · update #1
You will need a good attorney.
2006-11-18 04:10:00 · answer #1 · answered by acmeraven 7 · 0⤊ 0⤋
Not enough facts to answer this question reasonably.
For the sake of argument, let's assume that you work in a normal environment where the decibel level is between 85 - 90 db for an average weighed workday (8hours), then spend 4 hours in a club where the noise level is 120 - 140 db. Where did the hearing loss occur?
However, if you work in a high noise environment, the employer has a responsibility to provide personal protective equipment, and/or monitor your exposure. If you fail to use the equipment, or fail to follow exposure procedures, you are negligent, and lucky not to get fired for ignoring safety rules/procedures.
On the other hand, if you followed all the rules and still had "significant aggravation of a pre-existing hearing loss", then I recommend that you contact a good Plaintiff's Worker Comp. attorney. The local bar association can recommend a few.
2006-11-18 13:21:49 · answer #2 · answered by PALADIN 4 · 0⤊ 0⤋
you sure can. I do not know where you are from, but the laws regarding work place hearing loss are just about universal in the US and Canada. But you have to spend time in building your case. You have to prove your exposure over time to above normal decibel noise. You have to go for hearing examinations three times over a year. you have to keep your claim information very close to you. Your fellow worker may rat you out and the company will lay you off. You have to convince the compensation adjudicators that the company did not practise "due diligence" good luck
2006-11-18 12:15:18 · answer #3 · answered by veerfish 3 · 0⤊ 0⤋