Workers at construction sites are constantly bombarded by noise. Many machines and tools, like jackhammers, are inherently loud. Trucks, the constant movement of workers, drills and diggers, and other work activities can affect a construction worker’s hearing on a daily basis. Often, hearing loss occurs slowly over time. Workers may not even realize they can’t hear well until a spouse, friend, or coworker tells them their hearing is bad.
An inability to hear affects your ability to do your job. It also affects your quality time with family. Loss of hearing can greatly impact the daily pleasures of life.
Construction site conditions that can cause hearing loss
Workers may suffer hearing loss from:
- Explosions
- Being struck by an object
- Falls
- Demolition work
- Loud machines and equipment
- Brain trauma
- Other excessive levels of noise
OSHA and hearing loss
According to the Occupational Safety and Health Administration (OSHA), noise at 85 A-weighted decibels is considered excessive. There are different tools your employer can use to detect noise levels. These tools, according to OSHA, include “sound level meters, noise dosimeters, and octave band analyzers.” OSHA also has specific hearing standards for construction workers. The National Institute for Occupational Safety and Health (NIOSH) recommends the Sound Level Meter App which the public can download on mobile iOS devices.
Signs of excessive noise levels, according to OSHA, include:
- Ringing or humming in your ears after you finish your workday
- Needing to shout for a coworker, who is an arm’s length away, to hear you
- Experiencing loss of hearing when you leave work
We lose hearing from prolonged exposure to high noise levels because “exposure to loud noise kills the nerve endings in our inner ear. More exposure will result in more dead nerve endings.” The end result can be permanent hearing loss, which you can’t correct with medicine or surgery. If you lose your ability to hear, you lose your ability to communicate. Hearing aids may help. With severe hearing loss, it may become necessary for you and those who care for you to learn sign language.
What happens if you lose the ability to hear due to construction work?
The standard remedy for hearing loss due to workplace conditions is to file a workers’ compensation claim. In a Tennessee workers’ comp claim, workers are entitled to medical compensation for their hearing loss. This includes being tested by an audiologist and payment for any hearing devices that can improve hearing. If you can’t work due to a hearing loss (or can’t do the same type of work), you can file a claim for a partial or full permanent disability. Tennessee workers’ compensation law provides that “for the complete permanent loss of hearing in both ears, workers will be paid 2/3 of their average weekly wage for 150 weeks.”
In some rare cases, you may be able to file a product liability claim if a defective machine caused your hearing loss or caused an explosion that caused your hearing loss.
Hearing is essential to your quality of life. Construction sites should take precautions to help protect your hearing. At Banks & Jones, our workers’ compensation lawyers explain that you don’t need to show your employer was negligent. If your hearing loss can be attributed to your job, you can file a Knoxville work injury claim. To file your workers’ compensation case, contact us or call 865-546-2141 to schedule a prompt appointment.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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