A workers’ comp lawyer serving MA & RI explains

Hearing loss injuries sustained on the job can have serious consequences. Once you lose your hearing, you cannot get it back. Whether your hearing loss happens slowly over time or due to a single, sudden event, losing your hearing at work is a serious medical condition that affects millions of workers throughout the country, according to the U.S. Centers for Disease Control and Prevention (CDC), which is promoting National Protect Your Hearing Month this October.

In many cases, people who suffer hearing loss at work are entitled to receive workers’ compensation benefits. But actually getting such financial compensation and other benefits can often be challenging for many different reasons. That’s why it’s important to consult with an experienced workers’ compensation attorney who understands how the legal system works in your specific state.

How common is work-related hearing loss?

Work-related hearing loss injuries are some of the most common work injuries nationwide, according to the CDC. Specifically, hearing loss is the third-most common chronic physical condition among adults nationwide. The two most common physical health problems that affect adults are hypertension and arthritis.

An estimated 12 percent of workers nationwide have difficulty hearing, according to the CDC. This includes 8 percent of workers who have tinnitus (commonly described as a ringing in the ears) and 4 percent of workers who have difficulty hearing and tinnitus.

Among workers who have difficulty hearing, 24 percent sustained their hearing loss due to work-related conditions known as occupational exposure. That’s because millions of workers each year are exposed to dangerously loud noise levels and other hazardous work conditions.

Frequent causes of hearing loss at work

There are two common causes of work-related hearing loss injuries – loud noises and hazardous chemicals. This is why employers should provide workers with hearing protection, including earplugs and protective headphones.

Each year, an estimated 22 million workers nationwide are exposed to hazardous noise levels on the job, according to the CDC. Noise is considered hazardous if it is above 85 decibels or if someone has to raise their voice to speak with someone 3 feet away or less.

As for hazardous chemicals, more than 30 million workers are exposed to chemicals considered harmful to the ear or a person’s hearing. Such chemicals are considered ototoxic or poisonous to the ear. Ototoxic chemicals include:

• Chemical solvents, including styrene, toluene, and trichloroethylene
• Lead, mercury, and other metals and compounds, including organic tin
• Asphyxiants, including hydrogen cyanide and carbon monoxide
• Nitriles, including acrylonitrile and 3-Butenenitrile
• Antineoplastic agents and other pharmaceuticals

Which workers are the most at risk?

Certain professions face a higher risk of sustaining hearing loss at work, including those who work in:

• Construction
• Factories
• Assembly lines
• Airline maintenance
• Sheet metal work

Whatever type of work you perform, if you believe you sustained a loss of hearing while on the job, make sure you take steps right away to protect your health and your rights as an injured worker.

What should I do if I’m suffering from hearing loss due to work?

If you believe your hearing loss injury is work-related, make sure you take the following steps right away:

• Tell your supervisor at work you are experiencing hearing loss and you believe your injury is work-related.
• Seek medical attention right away. Tell the doctor you are having trouble hearing and ask them to examine you and run diagnostic hearing loss tests, including an Auditory Brainstem Response (ABR) test or a Brainstem Auditory Evoked Response (BAER) test. It’s important to have documentation of your work-related hearing loss.
• Ask your doctor for written copies of all medical records related to your hearing loss.
• Talk to a workers’ compensation lawyer as soon as possible.

The sooner you can talk to an attorney, the better you can understand the legal options available to you.

A workers’ comp attorney can fight for the benefits you deserve

Even though hearing loss injuries are among the most common types of workers’ compensation claims, that doesn’t mean you’ll have an easy time getting the benefits you need for your injury. Many employers and insurance companies deny these types of workers’ comp claims, insisting that the hearing loss injury occurred outside of work.

Whatever the circumstances, it’s important to talk to an attorney as soon as possible to learn more about your legal options and to better understand your rights. The experienced workers’ compensation lawyers at the Law Offices of Deborah G. Kohl can help you every step of the way. We have years of experience helping injured workers in Massachusetts and Rhode Island demand the support they deserve. As your attorney, we can investigate your claim and help you apply for workers’ compensation benefits. That way, you can get the support you need and deserve for your hearing loss.

Learn more about how we can help you. Contact us and schedule a free case evaluation with a workers’ compensation attorney who will make sure your concerns are heard loud and clear. We have three offices conveniently located in Rhode Island and Massachusetts and handle workers’ compensation claims in both states.

Find out why from a workers’ comp attorney

Workers’ compensation claims declined overall during the pandemic last year despite remote employees experiencing more aches and pains, according to news reports about the issue, including one published by The Hartford Courant.

Even though more employees said they were getting hurt while working from home, insurance companies did not receive more workers’ compensation claims from remote workers for occupational injuries last year.

Instead, many companies took preventative steps designed to reduce aches and pains for remote workers, according to officials from Hartford Financial Services Group Inc. interviewed by The Hartford Courant. During the past 18 months, requests from businesses seeking services designed to prevent work-from-home injuries increased by 200 percent.

Despite complaints, claims didn’t increase

Overall, workers’ comp claims declined by 9.8 percent in 2020 compared to 2019, according to statistics compiled by the National Council on Compensation Insurance (NCCI) as reported by the Insurance Information Institute (III). Last year, $42,500,412 worth of net premiums for workers’ compensation claims were issued compared to $47,142,191 in 2019.

Insurance companies expected an increase in claims last year from remote workers based on more complaints about aches and pains from people working from home. But such complaints did not result in more workers’ comp claims from remote workers, according to Mary Nasenbenny, chief claims officer at Hartford Financial Services Group Inc.

“They’re not going to HR to report things,” said Vivienne Fleischer, co-founder and president of Performance Based Ergonomics, in an interview with The Hartford Courant. “They might say I need support. My back hurts. I need a new chair.”

Common work-from-home injuries

Many workers last year had similar complaints about injuries or aches and pains due to working remotely at home. According to Hartford Financial Services Group Inc., some of the most common complaints they received from employers about remote workers involved:

• Lower back pain due to poor ergonomic seating or improper chair height.
• Neck pain due to improper keyboard height.
• Eye strain due to staring at computer screens all day.
• Shoulder pain or upper back pain.
• Ear fatigue or hearing-related problems due to the use of earbuds.
• Carpal tunnel syndrome and other muscle strain injuries due to chronic overuse.

What should I do if I have a work-from-home injury?

If you believe you have sustained an injury while working remotely, take the following steps right away to protect your health and your rights:

• Tell your employer you are suffering from aches, pains, or another medical condition due to your work.
• If your medical issue is ergonomically related, ask for a more ergonomic desk, chair, keyboard, or other improvements designed to prevent or alleviate work-related aches or pains. Many employers will conduct an ergonomic assessment to determine if your workspace is ergonomically correct.
• Seek medical attention right away and have a doctor thoroughly examine you. Don’t try to diagnose your work-related injury yourself. Have a licensed medical professional conduct the necessary tests to determine exactly what’s wrong with you.
• Ask for copies of your medical records related to your work-related injury.
• Keep a diary or journal documenting exactly when and where on your body you’re experiencing pain or discomfort.
• Talk to a workers’ compensation attorney as soon as possible.

Injured remote workers have the right to seek benefits

If you were injured while working from home, you have the right to pursue workers’ comp benefits—but claims involving remote workers often turn complicated. Your employer or your employer’s insurance company might claim that your injury was not work-related. As a result, they might deny your claim for workers’ compensation benefits even though your injuries were sustained within the scope of your work.

At the Law Offices of Deborah G. Kohl, we understand what you’re going through. That’s why we want to help. We have years of experience handling workers’ comp claims in Massachusetts and Rhode Island, and we know how to help our clients navigate the system to obtain the benefits they need and deserve.

Discover what we can do for you. Contact us today to schedule a free case evaluation with an experienced workers’ compensation attorney. We have three offices conveniently located in Rhode Island and Massachusetts and handle workers’ comp claims for clients in both states.