You may qualify for workers’ compensation benefits if you suffered hearing loss due to a workplace accident or on-the-job exposure to harmful noise. A Smyrna hearing loss injury lawyer with Bader Law Injury Lawyers can help you file your claim, negotiate a fair settlement, or appeal denied coverage. Our personal injury attorneys can also review your case and determine if you have grounds for a third-party lawsuit.
Recoverable Workers’ Compensation Benefits for Smyrna Workplace Hearing Loss
Workers’ compensation insurance is mandatory in Georgia. According to the State Board of Workers’ Compensation (SBWC), any employer with three or more employees must provide coverage to workers injured during the “course and scope” of their employment. Therefore, if your hearing loss injury is job-related, you can seek the following workers’ comp benefits:
Medical Benefits
Workers’ compensation should provide payment for necessary treatment related to your hearing loss injury, including emergency transportation and services, diagnostic testing, doctors’ visits, medical procedures, and hearing aids.
Usually, medical benefits last up to 400 weeks or until your condition reaches maximum medical improvement (MMI). However, you must seek medical care from an authorized provider. Your employer must post a list in your workplace of qualifying physicians for workers’ compensation claims.
Wage Replacement Benefits
Workers’ compensation will pay two-thirds of your pre-injury weekly wages, not to exceed $725 per week, for hearing loss or damage. Under Georgia law, permanent partial disabilities are payable according to the schedule outlined in O.C.G.A. § 34-9-263.
You can receive wage replacement workers’ comp benefits for traumatic hearing loss for up to 75 weeks for an injury in one ear and up to 150 weeks for injuries affecting both ears. O.C.G.A. § 34-9-264 provides additional guidelines for compensating hearing loss caused by harmful noise in the workplace.
Benefits for this type of hearing injury depend on several factors, including the extent of your hearing loss. Our personal injury lawyers can tell you more about your potential wage replacement benefits for work-related hearing injuries.
For a free legal consultation with a hearing loss lawyer serving Smyrna, call (404) 888-8888
Personal Injury Awards for Workplace Hearing Loss in Smyrna, GA
You may be able to recover additional damages for work-caused hearing loss through a personal injury lawsuit. Though you usually cannot sue your employer under the workers’ compensation system, you may have a case against a liable third party. Parties you could hold accountable for hearing damage or loss include equipment manufacturers, general contractors, and negligent coworkers.
Personal injury compensation for workplace hearing loss may include medical expenses as well as:
Lost Income
An injury lawsuit allows you to recover the total value of your lost wages, not just a portion. You can also seek awards for your lost benefits, bonuses, and other earnings. If your hearing loss injury requires you to take a lower-paying job or leave the workforce, you may also pursue compensation for your reduced earning potential.
Pain and Suffering
You can seek awards for how your hearing loss injury reduces your quality of life, including compensation for depression, anxiety, post-traumatic stress, physical pain, disfigurement, scarring, and loss of enjoyment.
Smyrna Hearing Loss Lawyer Near Me (404) 888-8888
Our Smyrna Attorneys Can Establish Your Right to Hearing Loss Damages
You do not need to prove fault for your hearing loss injury to recover workers’ compensation benefits. However, the insurance company will likely ask for proof that your injury is work-related and severe enough to warrant compensation under the law. To win damages with a third-party lawsuit, you will need to show that another party’s negligent, reckless, or wrongful actions caused your injury and resulting losses.
Our Smyrna hearing loss injury lawyers can build your claim or lawsuit and handle the details of your case so that you can focus on your health and family. Our injury attorneys can:
- Obtain medical records, hearing test results, and expert medical opinions proving you have a qualifying hearing loss injury
- Collect evidence, including eyewitness statements, surveillance footage, hearing injury reports, and decibel readings from your workplace
- Identify and calculate your recoverable damages
- Draft and file your insurance claims or lawsuits for workplace hearing loss
- Communicate with insurers and opposing attorneys about your hearing loss claim
- Represent you during meetings or court appearances and appear for you when possible
- Negotiate to achieve the most advantageous settlement available for your hearing loss injuries
- Represent your personal injury case in civil court if necessary
Throughout the process, our team will keep you informed with regular case updates. Additionally, you can reach out anytime with questions or concerns. We will return your calls and emails promptly, and we promise you will speak with your attorney or case manager the same day you reach out.
Important Case Deadlines
Several deadlines could affect your hearing loss injury case. First, you have 30 days to report your hearing injury to your employer if you have not done so already. If workers’ comp denies your claim or you disagree with the settlement offer for your hearing loss injuries, you have one year to request a hearing with the SBWC. Our firm can assist you with the appeal process.
According to O.C.G.A. § 9-3-33, you have two years to file a personal injury lawsuit for your hearing loss injury. Failure to adhere to the statute of limitations or any other legal or insurance deadlines could result in a denial of your claim, a reduction in your benefits, or a dismissal of your case. Our lawyers can help you get started before time runs out.
Case Deadlines for Cumulative Hearing Loss and Delayed Diagnosis
Deadlines for filing a workers’ compensation claim or personal injury lawsuit may also vary depending on when you became aware of your hearing loss. For example, if your hearing damage came from cumulative workplace exposure over time, you could file a claim from the date of your hearing loss diagnosis. An injury lawyer familiar with hearing loss claims in Georgia can determine how long you have to file.
The injury attorneys at Bader Law Injury Lawyers understand that hearing loss can become apparent over time. We can help establish a causal relationship between their workplace conditions and work-related hearing damage to ensure the best possible outcome for your workers’ comp or personal injury claim. While no outcome is guaranteed, we will actively work to secure the compensation you deserve for your hearing loss injuries.
Complete a Free Case Evaluation form now
How Common Are Work-Related Hearing Loss Injuries?
The reports that nearly 25 percent of hearing problems in U.S. workers are due to occupational exposure. Hearing loss injuries in the workplace are so common that the Occupational Health and Safety Administration (OSHA) has standards for noise exposure, which include the use of hearing protection equipment and the implementation of hearing protection programs.
We can help with claims and lawsuits involving:
- Lack of hearing safety protection/ failure to adhere to OSHA standards
- Exposure to ototoxic chemicals
- Gas explosions
- Construction accidents
- Airport and aviation work
- Manufacturing
- Farming
- Firing range accidents
- Demolition work
- And more
No matter how your hearing loss or damage occurred, you deserve compensation for the losses you sustained. Our team of dedicated hearing loss attorneys are here to support you throughout the workers’ compensation and personal injury claim process.
Click to contact our Smyrna Workers’ Compensation Lawyers today
Contact Bader Law Injury Lawyers for a Free Consultation
Bader Law Injury Lawyers has helped personal injury clients and injured workers in Smyrna and across Georgia since 2008. We can put our insurance and legal experience behind securing fair compensation for your workplace hearing loss injury.
Contact us today for a free consultation and learn more about working with our Smyrna hearing loss injury lawyers. Our firm represents clients on contingency, so we never ask for upfront or out-of-pocket fees.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
