New York Worker Compensation for Hearing Loss Lawyer
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Experienced Workers' Compensation Lawyer for Hearing Loss Cases
Noise-Related Workplace Hazards and Hearing Loss
Many workers in New York City are exposed to high levels of noise during their daily job duties. While some exposure is an inherent part of certain professions, other instances may result from accidents or violations of noise level regulations outlined in the Occupational Safety and Health Act. According to the Occupational Safety and Health Administration (OSHA), permissible exposure levels are determined based on the duration of the worker’s exposure to the noise. Consider the following guidelines:
Workers should not be exposed to noise exceeding 90 decibels for more than eight hours in a workday. To put it into perspective, 90 decibels is equivalent to standing next to an electric blender without any hearing protection.
Noise levels exceeding 95 decibels should not exceed four hours of exposure in a workday. This is comparable to standing next to a running gas lawn mower without hearing protection.
Exposure to noise levels surpassing 115 decibels should not last longer than a quarter hour in a workday. This is akin to being near a low-flying jet or attending a rock concert without any hearing protection.
Employer Responsibilities and Engineering Controls
When workers face significant noise exposure in their job roles, employers have an obligation to implement engineering controls to mitigate the sound. This may involve providing earplugs, protective ear guards, other forms of hearing protection, or installing sound-reducing barriers between the workers and the noise source.
Hearing Loss and Workers’ Compensation
Hearing loss can occur gradually over time (occupational) or suddenly due to a traumatic incident while on the job. Workers who experience hearing loss related to their work activities should promptly seek the guidance of an experienced workers’ compensation lawyer in New York State.
New York Worker Compensation Practice Areas
Occupations Prone to Hearing Loss
Numerous occupations entail high risks of noise-induced hearing loss. Examples include, but are not limited to:
- Construction workers
- Demolition workers
- Emergency personnel and ambulance drivers
- Airport ground crew employees
- Firing range employees
- Firing/shooting instructors
- Concert employees
- Nightclub or entertainment establishment staff
- Industrial workers
- Manufacturing workers
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
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Types Of Hearing Loss
If you’ve experienced hearing loss due to work-related incidents, it’s essential to understand the distinctions between traumatic hearing loss and occupational hearing loss. These two types of hearing loss have varying implications when it comes to filing workers’ compensation claims. Let’s explore the differences:
Traumatic Hearing Loss: This type of hearing loss stems from a sudden, traumatic incident or accident. It can result from exposure to an extremely loud noise or a pressure burst causing damage to the ear drum. Traumatic hearing loss can be partial or complete. In cases where the loss affects one ear, the injured worker may be eligible for up to 75 weeks of workers’ compensation benefits. If both ears are affected, the worker may qualify for up to 150 weeks of benefits.
Requirements for Proving Traumatic Hearing Loss: To establish traumatic hearing loss for workers’ compensation claims, the injured worker must demonstrate that the hearing loss resulted from a workplace accident or injury. The burden of proof is relatively low in these cases, favoring the injured worker.
Occupational Hearing Loss: Occupational hearing loss occurs due to prolonged exposure to loud noises over an extended period while on the job. This extended exposure gradually damages the worker’s hearing. Occupational hearing loss can be partial or complete. For total occupational hearing loss, workers’ compensation benefits are payable for 150 weeks. The duration of benefits for partial occupational hearing loss depends on the degree of hearing loss relative to total occupational hearing loss.
Requirements for Proving Occupational Hearing Loss: Proving occupational hearing loss in a workers’ compensation claim requires more substantial evidence compared to traumatic hearing loss cases. The hearing loss must be permanent and sensorineural (excluding conditions like tinnitus). It should affect both ears and have resulted from exposure to sound levels exceeding 90 decibels, with an average loss of 15 decibels. The exposure leading to hearing loss must have occurred over a period of more than 90 days, and the worker cannot file for workers’ compensation until six months have passed since the harmful noise exposure.
Gabriel Legal Injury Lawyers: Your Advocates for Hearing Loss Workplace Accident
Hearing loss significantly impacts a person’s life beyond their work. If you’ve suffered traumatic or occupational hearing loss, it is crucial to consult an experienced workers’ compensation lawyer in New York City promptly. The dedicated team at Gabriel Legal Injury Lawyers is committed to helping workers in New York City pursue and secure workers’ compensation for hearing loss resulting from job-related incidents.
Call for a Free Consultation Today
At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.
After experiencing a workplace accident, it’s essential to have the guidance and support of skilled New York City lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.
Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
Filing Court Documents
The Discovery Process
Pre-Trial Litigation and Motions
Arrange Your Free Consultation in New York
Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
Contact us today for a free consultation and let us assist you in moving forward after this challenging time.