There is a reason our hearing is a cherished sense, and many people fear the loss of it. Hearing loss can happen naturally over time, occur due to illness, or even due to an accident or injury. If you’ve suffered from hearing loss due to a medical accident, work-related accident, or even just a regular injury, you may be faced with unexpected challenges and expenses. Can you file a lawsuit for your hearing loss? The answer is that it depends. If your hearing loss was due to work, a medical mistake, or someone’s negligence, it is likely that you will be able to file a personal injury claim.
Work-Related Hearing Loss
Probably the most common cause of hearing loss claims, work-related hearing injuries can occur in nearly any field. Working around loud machinery, blasting, gunfire, construction, or being exposed to other loud sounds without hearing protection can cause hearing damage. This damage can be sudden or gradual, but the end result is the same—your hearing is irreversibly damaged due to your job.
The good news is if you can prove that your hearing injuries are related to your job, you can file a workers’ compensation claim to cover your injuries. You won’t need to file a lawsuit or personal injury claim, since workers’ compensation claims require far less proof and are filed against your employers’ worker’s compensation insurance.
If your hearing loss is due to working around railroads or construction sites, the regulations for a workers’ compensation claim will be different than standard claims. Before beginning your claim, you should consult a worker’s compensation attorney who is familiar with these occupations.
Additionally, sometimes hearing loss develops over time. Even if you have moved on to another job, you still may be able to file a workers’ comp claim with the help of an attorney. Employers and insurance companies will do everything they can to undermine claims and save money, including alleging that your hearing loss isn’t work-related. Our attorneys have years of experience supporting client claims and can help you get the benefits you’re entitled to.
Injury-Related Hearing Loss
If your hearing loss is due to a non-work-related injury, a personal injury claim would be more appropriate. A standard personal injury claim will place the burden of proof on the claimant to prove that their hearing loss was a direct effect of the accident.
Situations that can lead to a hearing loss claim include:
Auto accidents or other transportation-related accidents
Medical malpractice events due to negligent medical care
Product liability claims where injuries are caused by a defective device or product
Tort liability claims, which can encompass slip and fall accidents, negligent actions, a lack of warning signs, and other negligent behaviors
How Our Team Can Help
If you wish to file a hearing loss claim, you will need to demonstrate that the defendant owed you a duty of care and failed to meet that duty. You will also need to prove how their failure caused your hearing loss. Additionally, you will need to assign a dollar value to the loss of one of your most valued senses. This all can be quite challenging, but it doesn’t have to be. An experienced personal injury lawyer can help you navigate the process of your injury claim and can ensure the best possible outcome.
If you’ve lost your hearing due to the careless actions of another, you deserve to be fairly compensated. At Belushin Law Firm, P.C., you can count on our experienced legal team to fight for your rights and guide you through every step of your claim.
Call Belushin Law Firm, P.C. at (888) 918-9890, or contact us online for a free consultation with our caring personal injury attorneys. We’re dedicated to exceeding your expectations and going above and beyond to get the results our clients need to recover.