Introduction:
“One of the most perplexing problems facing American industry and its employees is the slow destruction of hearing that takes place in men and women who work daily in locations with high noise levels. Because the damage inflicted by noise is invisible, painless, and extremely slow, the victim is no more aware of his loss of hearing than he is aware of growing old.” Travelers Insurance Company
Noise is one of the most pervasive of all the occupational health hazards in the United States and a critical workplace safety and health issue. According to the Occupational Safety and Health Administration (OSHA), about 5.2 million workers are exposed to daily averages of noise levels of 85 dBA and above in the manufacturing industry. Nearly 1.5 million of these workers have average noise exposures between 90 and 95 dBA and another 1 million experience exposure levels between 95 and 100 dBA, with almost 500 thousand of these workers having daily exposures in excess of 100 dBA. The National Institute for Occupational Safety and Health (NIOSH) and the occupational safety and health community named hearing loss one of the 21 priority areas for research in the next century. The American industry has claimed many occupational noise induced hearing loss victims. NIOSH estimates that approximately 10 million people in the United States have noise-induced hearing loss, nearly all of which was the result of occupational exposures.
What is occupational noise induced hearing loss (NIHL)?
Occupational exposure to noise dates as far back as the Middle Ages where workers in professions such as blacksmithing, mining, and church bell ringing were known to suffer hearing loss. Not long ago occupational noise induced hearing loss was called “boiler-maker’s disease” and many thought it was an inevitable consequence of a noisy job.
Occupational noise induced hearing loss is caused by continuous exposure to high levels of noise. It may manifest itself as a high-frequency tinnitus and slight muffling of sound in its early stages, with difficulty understanding speech in noisy listening environments and then in quiet as the individuals hearing loss increases. The rate of hearing loss due to chronic noise exposure is greatest during the first 10-15 years of exposure. Typically, the first sign of occupational noise induced hearing loss is a “notching” of the audiogram at 3000, 4000, or 6000 Hz, with recovery at 8000 Hertz (Hz). Over a period of years of prolonged noise exposure, hearing loss due to noise expands to involve additional frequencies. The extent of damage depends primarily on the intensity of the noise and the duration of the exposure. Noise-induced hearing loss can be temporary or permanent. Temporary hearing loss results from short-term exposures to noise, with normal hearing returning after a period of rest. However, prolonged exposure to high noise levels over a period of time gradually causes permanent damage in the high frequency range. While any worker can be at risk for noise-induced hearing loss in the workplace, workers in many industries have higher exposures to dangerous levels of noise. Industries with high numbers of exposed workers include but not limited to: agriculture; construction; manufacturing, utilities; transportation, and petroleum.
How does occupational NIHL affect me?
Occupational noise induced haring loss is often ignored or underrated because there are no visible effects, no bleeding, it develops over a long period of time, and, except in very rare cases, there is no pain associated with it. Unfortunately, once noise-induced hearing loss is acquired it is permanent and irreversible. Noise-induced hearing loss is the inability to differentiate the meaning of various sounds. For example, to the person with normal hearing the following sentence “The boy went up the hill” would sound like it “The boy went up the hill”. Now, to a person with hearing loss, under good conditions, that same sentence would sound something like “Au oy ent ae au ill”. What happens when the conditional are not so good, like when someone is out to eat or at a party? The reality is that with the added background noise the person is totally cut off from communicating with others because they hear sounds like a muffled tin can sound that goes up and down in intensity not in clarity.
The ability to hear is undeniably a key quality-of-life issue, from language, socialization, to communication with co-workers, family, friends, and loved ones. NIHL causes a progressive loss of communication, socialization, and loss of sensitivity and responsiveness to ones environment, especially with family and friends. People who suffer with noise-induced hearing loss (NIHL) sometimes live in a world of loneliness where depression and despair preside in their daily lives.
Is occupational NIHL compensable?
Occupational NIHL is preventable, unnecessary and a compensable personal injury in the State of Louisiana. Occupational noise induced hearing loss is not a compensable injury under the Louisiana Workers’ Compensation Act (LWCA), because it is not considered an occupational disease or illness as listed in the LWCA. Because occupational noise induced hearing loss is a slow progressive decrease in the ability to hear over a number of years, it is not considered an accident within the meaning of the LWCA. Therefore, an individual who suffers from occupational noise induced hearing loss is not barred by the exclusive remedy provisions of the LWCA so they can proceed directly against their employer because it is a personal injury. Please remember, if you have been diagnosed with noise induced hearing loss from your work environment, under Louisiana law you only have one year to file suit to protect your legal rights.
How can the Mumphrey Law Firm help me?
The Mumphrey Law Firm, LLC has been involved in occupational noise induced hearing loss litigation for over 10 years. We have assembled a team of seasoned trail attorneys and established a comprehensive occupational noise induced hearing loss evaluation program. The Mumphrey Law Firm, LLC has recovered millions of dollars in damages for workers that suffered with occupational noise induced hearing loss. We know what it take to successfully litigate your NIHL claim and we are dedicated to providing hearing evaluations for those workers who have been exposed to high levels of occupational noise.
Are you or one of your family or friends a “Victim” of American industry? If you or a group of you are interested in having your hearing tested, at no out-of-pocket expense, for possible noise induced hearing loss or if you would like to speak with someone about your particular situation or about occupational noise induced hearing loss in general, please contact us at 504-569-0661 or fax at 504-569-0665. You can also reach us via e-mail by clicking here.
