Hearing Loss

Your ears consist of many parts, all of which work together to help you hear. Your outer ear is where sound waves pass through, which causes the eardrum and three small bones in the middle ear to vibrate. These vibrations move to the inner ear, where they pass through the cochlea. Inside the cochlea, thousands of very small hairs create electrical signals from the vibrations. The electrical signals are what your brain translates into sound.

Any damage to any of the parts of the ear can lead to hearing loss. While this kind of damage can happen anywhere, the workplace is a significant risk factor for many individuals. Many workplaces, from manufacturing to construction, are loud and have physical hazards that can also put you at risk of hearing loss.

Despite this, hearing loss is one of the most overlooked workplace injuries. Some dismiss hearing loss as something that “naturally” happens with aging. In many cases, hearing loss also develops gradually, which can make it harder to prove that your injury was work-related.

Hearing loss is often permanent, and it can affect your ability to do your job and your overall quality of life. If you have suffered this type of injury due to work conditions, consult with a workplace injury lawyer to find out whether you have options for seeking compensation. You can always contact The Law Office of Mark A. Siesel to schedule a free consultation. Our team can answer your questions and explain whether you have a claim.

The Reality of Noise Exposure on Job Sites

Many workplaces are noisy, but construction environments are notoriously so. Tools such as jackhammers, concrete saws, bulldozers, and nail guns routinely produce sound levels well above the safe limit established by the Occupational Safety and Health Administration (OSHA). According to OSHA, the safe limit is 90 decibels over an 8-hour shift. In many cases, construction workers are exposed to sounds in excess of 100 decibels due to the use of heavy equipment and powerful tools on worksites.

Over time, exposure to loud noise can lead to noise-induced hearing loss (NIHL). This is a condition that damages the inner ear and cannot be reversed. The early symptoms can be subtle, such as difficulty hearing in crowded places, a constant ringing in the ears (tinnitus), or needing to turn up the volume on devices more frequently.

Construction sites can also be the site of sudden, loud noises. These can occur due to a sudden explosion, for example, or due to a loud, unexpected noise caused by falling materials or due to malfunctioning equipment. Even a single exposure to loud noise can lead to acoustic trauma, which is a type of NIHL. Sufferers may experience a feeling of fullness in the ear or distorted or muffled speech. In some cases, hearing loss is immediate. In other instances, some hearing returns but permanent damage still occurs.

In addition to noise exposure on worksites, hearing loss can also happen due to workplace accidents. Facial and head injuries can also impact the ear, and in some cases, cause physical damage to the outer and middle ear, which can also result in hearing loss.

While construction sites are a common site of hearing loss, they are not the only workplace that puts employees at risk. Any place of work, including libraries and offices, come with their own hazards. Loud equipment, malfunctioning HVAC systems, construction sites next door, and even violent incidents with guns can all cause hearing loss, no matter where you work.

Employer Responsibility and Worker Rights

Employers are required by law to provide a safe working environment, which includes implementing hearing conservation programs when noise levels reach dangerous thresholds. This can involve:

• Monitoring and measuring workplace noise levels.
• Supplying workers with adequate hearing protection.
• Offering regular hearing tests.
• Training employees on how to prevent hearing loss.

If an employer fails to provide these protections and you suffer hearing damage as a result, you may have grounds to pursue compensation through a workers’ compensation claim or, in some cases, a personal injury lawsuit if gross negligence is involved.

Most employees in New York are covered by workers’ compensation, a type of no-fault insurance that is paid for by an employer. In the case of an occupational illness or an injury incurred during work duties, employees can apply for workers’ compensation benefits, which cover all reasonable medical expenses and part of any lost wages (up to a state cap). The idea behind workers’ compensation is that it provides some benefits to workers, without the need to prove negligence.

A third-party claim, where possible, offers more robust compensation, including financial recovery for pain and suffering, past and future medical expenses, past and future earnings and loss of earnings capacity, and incidental expenses. Since hearing loss is generally permanent, it is important to seek full compensation, where possible, so the cost of future cochlear implants, hearing aids, and other treatments are covered.

In New York, specifically, construction workers enjoy added protections. The Industrial Code of New York State, for example, requires owners, contractors, general contractors, and their agents to provide workers with “reasonable and adequate safety.” In addition, Section 200 of the New York State Labor Law mandates that property owners, employers, and contractors on construction sites must provide and maintain a “safe place to work” for lawful visitors and employees on construction sites.

Even if you are covered by workers’ compensation, if your employer or jobsite may have violated these or other rules, it is worthwhile to consult with a New York construction accident lawyer to find out whether you have a claim. If you have suffered hearing loss, a legal claim can help you secure the resources you need to pay for quality treatment.

Keep in mind that new treatments are being developed all the time. Researchers are working on cell therapies and regenerative hearing pharmaceuticals that could help reverse hearing loss. If these and other options become available to patients, having financial recovery in place could help you afford the latest treatments that could have a positive impact on your quality of life.

What to Do If You Suspect Work-Related Hearing Loss

If you think your hearing has been affected by your work, it’s important to take action. Here’s how:

1. Seek medical evaluation. A licensed audiologist can assess any hearing loss and determine the extent of the damage. Medical professionals can also recommend hearing aids or other ways to adjust to your condition.
2. Report the injury. Notify your employer in writing as soon as you’re aware of the issue. This starts the formal documentation process and ensures you can file for workers’ compensation benefits, if you qualify.
3. Start documenting everything. Keep track of any expenses related to your injury, including any taxis you have had to take to visit medical professionals and any receipts for hearing aids or other treatments. Keep a journal of symptoms, anything you remember about work conditions that could have led to your injury, and any time you have missed work because of your injury. Keep track of all related doctor’s appointments, including dates, names of doctors, and any medical suggestions made.

You may also want to consult an experienced workplace accident lawyer. A qualified attorney can help you understand your options. If you have a claim and decide to move forward with it, an experienced attorney can represent you, taking care of filing, negotiations, and even appearing in court.

At The Law Office of Mark A. Siesel, your case is personally overseen by our founder, Mark Siesel, who has nearly 40 years of experience in representing injured workers. He is supported by our legal team, who work tirelessly to offer empathetic and responsive attention. We reply to your phone calls and emails quickly, often on the same day, so you get answers when you need them. We also care about how your hearing loss will impact your life—and how we can secure the fairest compensation possible so you can move forward.

Hearing loss is a serious injury, and it is often permanent. You deserve to find out whether you have a claim and the right to seek compensation for your hearing loss. If you think your hearing loss was caused by work conditions, feel free to contact The Law Office of Mark A. Siesel to schedule a free consultation to find out whether you may have a claim.