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Ear Injury Lawsuits for Worker’s Comp: All You Need to Know

Compton attorney | Gaylord & Nantais

Employees working in manufacturing industries, construction sites, or any other workplace with high noise exposure from loud machines or engines are more prone to hearing loss or ear injuries. According to workers’ compensation California law, any employee who has suffered injuries or illness during the working hours is eligible to recover compensation and medical benefits like free hearing aids for a lifetime.

Hearing loss at work, also known as occupational hearing loss, can be the result of excessive noise exposure in the workplace. A person suffering from any type of ear injury or hearing loss due to excessive noise at the workplace can file a lawsuit for compensation and other benefits.

Here are 6 important points which you need to know before filing a compensation claim for hearing loss or injury

  1. Can I file a lawsuit for temporary hearing loss? No, you cannot file a compensation claim for temporary hearing loss.
  2. Can I file a lawsuit for hearing loss in only one ear? Yes, you can file for one ear. (Ex: explosion on one side causing deafness in one ear or substantial loss needing hearing aid.)
  3. Does the hearing loss in both ears have to be on the same level? No. As long as there is a permanent hearing loss in both the ears, the losses do not have to be on the same level.
  4. When can I file a lawsuit for hearing loss at work? You can file while you’re still employed, you must file within one year of obtaining knowledge that your hearing loss is work related. (Usually this information comes from an Ear, Nose and Throat doctor.) Rule of thumb, it’s time to file when hearing aids become necessary.
  5. What other benefits can I have other than monetary compensation?
    1. Comprehensive examination by an ENT specialist
    2. Free hearing aids for lifetime
    3. Batteries for lifetime
  6. Will I be fired for filing a compensation claim? An employer cannot fire a worker because he or she has filed a compensation claim for ear injury or hearing loss due to loud noise at the workplace.

Planning to file a compensation claim for occupational hearing loss or ear injury? It is advisable to consult a qualified workers’ compensation attorney with experience in hearing loss claims to find out if you qualify for a settlement.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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