Many loud noises exist on the railroad. Just to name a few, there are locomotive horns, air brakes, wheel squeals, ballast regulators, tampers, grinders, and metal-on-metal coupling. Simply put, when a railroad worker is exposed to such loud decibel sounds consistently during their years of work, they may eventually develop hearing loss. If you believe there is a true connection between these two events, you may want to seek justice in the matter and file a Federal Employers’ Liability Act (FELA) claim. With that being said, please follow along to find out whether hearing loss can be a compensable injury and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson LLP can help you build a strong case to recover a fair financial award.
Can hearing loss be a compensable injury under FELA?
Firstly, your hearing impairment may manifest in constant ringing in the ears, muffled hearing, or difficulty understanding speech. Of course, going through this drastic physical change may significantly diminish your quality of life. This is not to mention that it may hinder you from safely working on the railroad anymore, as you may become unable to communicate on the job or hear the action going on in your surroundings.
All things considered, under FELA, hearing loss qualifies as a compensable injury when it results from an unsafe work environment that your employer is partially or entirely responsible for promoting. For example, if your employer failed to comply with the Federal Railroad Administration’s (FRA) safety standards and supply you with proper hearing protection gear when unsafe noise levels existed in the work area.
How do I prove my hearing loss is work-related and not just age-related?
Notably, FELA understands that hearing loss is a type of physical injury that develops over time from repeated high-decibel exposure, and it does not necessarily have to come from a one-time catastrophic accident (i.e., an explosion of a propane tank, derailment impact, etc). So, you may not have to establish a set incident date when bringing your FELA claim forward. At the same time, though, without a distinct incident or date, your employer may attempt to counter with an argument like your hearing loss is age-related and not work-related.
If they attempt to get out of liability in this manner, you may back up your claim with supporting medical evidence. That is, you may have a medical expert testify on your behalf and explain how long-term high-decibel exposure can cause hearing damage that is far worse than what aging can possibly cause alone. Further, the severity of your hearing loss may be confirmed through your audiogram test results, hearing aid prescription, etc.
Lastly, your hired lawyer may work on your behalf and demand railroad records dating back to the time of your employment. Such records may consist of noise monitoring reports, hearing conversation records, training logs, and personal protective equipment (PPE) policies, all of which may confirm negligence. To conclude, if you are ready to step foot into this legal path, do not do so until you have retained one of the talented FELA lawyers from Hildebrand McLeod & Nelson LLP. We look forward to your phone call and to taking on your case.
