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Can I File an Injury Claim for Hearing Loss?

Can I File an Injury Claim for Hearing Loss?

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. So can you file a lawsuit for your hearing loss? The answer is—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.

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

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. Schedule a free consultation to discuss your case with our Brooklyn personal injury attorneys today.

Contact our offices today by calling (888) 918-9890.


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