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Significant Hearing Loss

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J

john_dou

Guest
What is the name of your state? California

I’ve been employed by a major aerospace manufacturer for the past 19 years. I was subjected to loud noises on a regular basis during the course of my workday within the first few years of my employment. Because of this my employer tested my hearing annually. They also had hearing protection available, but never instructed us on how or when to wear it. About five years into my employment, I was informed that I had suffered a “significant hearing loss” in my right ear. I was told, at the time, that the hearing loss was not work related because it was limited to one ear and not both. About six years into my employment I was given training on hearing protection, I was issued personal hearing protection and instructed on how and when to use it.

That was about 13 years ago. My hearing has gotten only mildly worse and it is still limited to just the right ear. For the past 7 years I’ve been working in an office environment and I am no longer subjected to loud noises, on a regular basis. I have recently had my hearing checked by my Heath-care provider and they confirm that I have lost about 80% of my high frequency and about 20% of the lower frequency hearing in my right ear.

I do not have hobbies or activities that I engage in that subject me to loud noises. Nor have I had any trauma to my right ear. It’s obvious to me that the first few years I spent with this employer and the loud noises I was subjected to caused my hearing loss. It’s also obvious that this is long term and is not recoverable. Is there anything that can be done this late in the game? Or, do I even have a claim against my employer?

Thanks;
john
 


I AM ALWAYS LIABLE

Senior Member
john_dou said:
What is the name of your state? California

I’ve been employed by a major aerospace manufacturer for the past 19 years. I was subjected to loud noises on a regular basis during the course of my workday within the first few years of my employment. Because of this my employer tested my hearing annually. They also had hearing protection available, but never instructed us on how or when to wear it. About five years into my employment, I was informed that I had suffered a “significant hearing loss” in my right ear. I was told, at the time, that the hearing loss was not work related because it was limited to one ear and not both. About six years into my employment I was given training on hearing protection, I was issued personal hearing protection and instructed on how and when to use it.

That was about 13 years ago. My hearing has gotten only mildly worse and it is still limited to just the right ear. For the past 7 years I’ve been working in an office environment and I am no longer subjected to loud noises, on a regular basis. I have recently had my hearing checked by my Heath-care provider and they confirm that I have lost about 80% of my high frequency and about 20% of the lower frequency hearing in my right ear.

I do not have hobbies or activities that I engage in that subject me to loud noises. Nor have I had any trauma to my right ear. It’s obvious to me that the first few years I spent with this employer and the loud noises I was subjected to caused my hearing loss. It’s also obvious that this is long term and is not recoverable. Is there anything that can be done this late in the game? Or, do I even have a claim against my employer?

Thanks;
john


My response:

What?

You "need training" to wear and use ear protection?

Oh, please.

See a Worker's Compensation attorney in your area.

IAAL
 
J

john_dou

Guest
I AM ALWAYS LIABLE said:
My response:

What?

You "need training" to wear and use ear protection?

Oh, please.

See a Worker's Compensation attorney in your area.

IAAL

Oops, I must've miss-spoke... let me look at that again... No, I said that I was given training, not that I “needed” training.

But, to answer your question, I guess I did “need training”. After all, I suffered a hearing loss. Even though I had access to hearing protection and wore it when I was instructed to. Was I wearing it when I should’ve been? Was I wearing it properly, did it fit properly? Was I getting any real “protection” from it when I did wear it? Was it being maintained properly… okay, too many questions and too much information. I was trying to give some facts. Obviously, I’ve already overwhelmed your limited intellect, please accept my apology.

In case you were wondering, it’s common practice for companies to instruct their employees in how and when to utilize the proper safety equipment. Without knowledge and training, mistakes can be made.

I’ll go back to my original question; Is my employer responsible for my hearing loss? Is there a reason to seek legal counsel?

Oh wait… I guess you already answered that. Sorry, I stopped reading right after “Oh, please.” I guess I figured there wasn’t anything of value after that.



john
 

I AM ALWAYS LIABLE

Senior Member
My response:

What? I can't hear you.

You only wore ear protection when "I was instructed to"? You needed someone to tell you? Didn't your ears tell you?

You caused your own problems, and they probably occured when you were younger, listening to loud music, and going to loud races, or other causes.

You caused your own problems by failing to listen to yourself - - like the pain in your ears.

Stop blaming the world for your own shortcomings.

IAAL

P.S. One more thing . . . Lose some weight. Or do you need someone to instruct you on the health benefits of proper body weight, too?
 
J

john_dou

Guest
I AM ALWAYS LIABLE said:
My response:

What? I can't hear you.

You only wore ear protection when "I was instructed to"? You needed someone to tell you? Didn't your ears tell you?

You caused your own problems, and they probably occured when you were younger, listening to loud music, and going to loud races, or other causes.

You caused your own problems by failing to listen to yourself - - like the pain in your ears.

Stop blaming the world for your own shortcomings.

IAAL

P.S. One more thing . . . Lose some weight. Or do you need someone to instruct you on the health benefits of proper body weight, too?
Where are the moderators when you need them?

You can’t be serious! If you’re trying to be witty, you’re not. I just don’t get it. What’s your point?

I caused my own problems? I had perfect hearing when I started working for this company. Then within five years I had a significant loss. But, according to you, I did it to myself when I was a kid listening to loud music!? Maybe you can explain to me how something that didn’t occur and is totally irrelevant, can have such a profound effect.

Permanent hearing loss can be associated with constant noises no louder then that of a loud conversation. 99% of it is created with no discomfort or pain. I’m not going to go through the trouble of trying to explain this to you, you obviously wouldn’t understand.

For reasons known only to you, you seem to feel like you have to belittle me. People who have a need to belittle or tease or humiliate are people with a very low self esteem. I feel sorry for you. You must really hate your life.

John
 

cbg

I'm a Northern Girl
Hearing loss can be caused by a number of factors. Being exposed to loud noises is NOT the only possible factor. Genetics is also a possibility.

To have a claim against your employer, it will be up to you (and your doctor) to show that there can be NO possible other cause of your hearing loss.

Your SOLE remedy, if it IS shown to be work-related, will be workers compensation.
 
J

john_dou

Guest
cbg said:
Hearing loss can be caused by a number of factors. Being exposed to loud noises is NOT the only possible factor. Genetics is also a possibility.

To have a claim against your employer, it will be up to you (and your doctor) to show that there can be NO possible other cause of your hearing loss.

Your SOLE remedy, if it IS shown to be work-related, will be workers compensation.

Thanks cbg, I appreciate the advice.

john
 

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