In Louisiana, workers’ compensation does cover hearing loss, but the claim must meet specific criteria: the hearing loss must be directly related to the job or workplace conditions, and claims for hearing loss due to occupational noise exposure must be filed within a certain time frame. Failure to adhere to these conditions and timelines may limit the claim to only medical aid benefits.
Hearing loss due to a workplace incident can be a life-altering experience, both for the victim and their family. It can change how one interacts with the world and often brings unexpected challenges. In such situations, the support of a Lafayette workers’ compensation lawyer knowledgeable in workers’ compensation law is crucial.
At Laborde Earles Injury Lawyers, we are committed to helping those affected by workplace hearing loss. We aim to guide you through the legal process, ensuring you receive the compensation you deserve and helping you get your life back on track.
This article serves as a resource to understand your rights and the steps you need to take.
Workers’ Compensation and Hearing Loss in Louisiana: An Overview
In Louisiana, workers’ compensation laws provide specific guidelines for various types of disability benefits, including those related to hearing loss. It’s essential to understand these guidelines to file a valid claim. Here is an overview of the relevant parts of the Louisiana State Code RS 23:1221:
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ClientTemporary Total Disability
Compensation is provided for injuries causing temporary total disability, preventing the employee from engaging in any occupation or self-employment. This is calculated as 66 ⅔% of wages during the disability period.
Permanent Total Disability
This applies to injuries causing permanent total disability. Like temporary total disability, it offers 66 ⅔% of wages but for a longer, potentially indefinite period.
Supplemental Earnings Benefits
If an employee can’t earn wages equal to ninety percent or more of their pre-injury wages, they are entitled to supplemental earnings benefits. This is calculated as 66 ⅔% of the difference between the wages at the time of injury and the wages they can earn post-injury.
Permanent Partial Disability
Specific compensation schedules are provided for various types of permanent partial disabilities, including hearing loss. For permanent hearing loss, compensation not exceeding 66 ⅔% of wages for up to 100 weeks may be awarded.
Reporting and Documentation
It’s critical to report the injury promptly and provide thorough medical documentation to establish the link between the workplace and the hearing loss. This documentation is crucial for the success of the claim.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientUnderstanding Hearing Loss as a Work-Related Injury
Hearing loss in the workplace can occur in various settings. Industries with high noise levels, like construction or manufacturing, pose a significant risk. Even regular exposure to moderately loud environments can lead to hearing loss over time. It’s not just about sudden, loud noises; consistent exposure to noise can be just as harmful.
Recognizing the signs of hearing loss early is important. If you notice difficulty in hearing conversations, a constant ringing in your ears, or if you find yourself increasing the volume on devices more than usual, these could be signs of hearing damage.
Reporting these symptoms as soon as you notice them is key. The sooner you report, the easier it is to link the hearing loss to your workplace, which is a critical step in filing a successful workers’ compensation claim.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientNavigating the Claims Process for Hearing Loss
Here is the general process you can expect when filing a claim for hearing loss.
Filing the Claim
The first step in filing a claim for hearing loss is to report the injury to your employer. You should do this as soon as you become aware of the hearing loss. Your employer will then provide you with the necessary forms to file a workers’ compensation claim.
Medical Evaluation
You will need to undergo a medical evaluation by a healthcare professional. This evaluation will confirm the extent of your hearing loss and determine if it’s related to your job.
Documentation
Gathering and submitting all relevant documentation is crucial. This includes medical records, a detailed account of your job duties, and any evidence of workplace noise levels.
Claim Review
Once you submit your claim, it will be reviewed by the workers’ compensation board. They will assess your case and determine your eligibility for compensation.
Appeal Process
If your claim is denied, you have the right to appeal the decision. This process involves presenting additional evidence and possibly attending a hearing.
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ClientCompensation for Hearing Loss under Workers’ Compensation
When you file a workers’ compensation claim for hearing loss in Louisiana, you may be eligible for various types of compensation. Here’s what you might expect:
- Medical Expenses: Coverage for all medical treatments related to your hearing loss.
- Lost Wages: Compensation for any time off work due to your hearing condition.
- Rehabilitation Costs: If you need therapy or other rehabilitation, these costs may be covered.
- Permanent Disability: If your hearing loss is permanent, you might receive additional compensation.
The Role of a Workers’ Compensation Lawyer
When dealing with hearing loss claims, having a lawyer who knows workers’ compensation law is crucial. Here’s why:
- Knowledge of the Law: We know the ins and outs of workers’ compensation laws in Louisiana. This knowledge helps us navigate your claim effectively.
- Handling Paperwork: There’s a lot of paperwork involved in these claims. We handle all of it, making sure everything is filed correctly and on time.
- Negotiating with Insurance Companies: We talk to the insurance companies for you. Our goal is to get you the best possible outcome.
Why Hire a Workers’ Compensation Lawyer
There are a few reasons why turning to a lawyer is the best idea.
Navigating Complex Claims
Workers’ compensation claims, especially for hearing loss, can be complex. We guide you through every step, making sure you understand the process.
Maximizing Your Compensation
Our goal is to get you the full compensation you’re entitled to. We work hard to make sure no detail is overlooked.
Support and Guidance
We provide support and guidance throughout your claim. We’re here to answer your questions and give you peace of mind.
Contact a Workers’ Compensation Attorney Today
Hearing loss from a workplace incident is a serious issue, as it can change your life and bring many challenges. That’s why it’s important to take prompt action. If you or someone you know is dealing with hearing loss due to a workplace incident, contact our team at Laborde Earles Injury Lawyers.
We’re ready to help you navigate your claim and fight for the compensation you deserve. Don’t wait, as time is crucial in these cases. Contact us today to get started on getting your life back on track.
