Atlanta Hearing Loss Injury Lawyer

Hearing loss is a common issue, affecting about 1 in 3 Americans over 65, and is considered the third-most common chronic physical condition among adults, after hypertension and arthritis. Hearing loss due to workplace conditions is the most common work-related illness in the United States.

Suffering hearing loss due to an accident or workplace conditions can be a life-altering event, impacting your ability to work, communicate, and enjoy daily life.

If you find yourself suffering from hearing loss due to an accident or workplace conditions, you are likely looking for information on your legal options and seeking a personal injury attorney. That is why our Atlanta hearing loss lawyer team is here for you to answer any questions you have and get you the compensation you need. Call us today at 404-975-1775 to get a free consultation today.

Types of Hearing

Hearing loss can occur due to several factors, both acute and gradual. While gradual hearing loss is generally a normal aspect of aging, you could suffer hearing loss that is significantly worsened or hastened by workplace conditions.

In the workplace, extended exposure to loud noise without proper protection is a primary cause of occupational hearing loss. Loud machinery like hammer drills, chain saws, chop saws, and miter saws are specifically mentioned as sources of loud noise that can lead to occupational hearing loss. The Centers for Disease Control & Prevention (CDC) reports that approximately 22 million workers in the United States are subjected to hazardous noise levels at work. Additionally, about 30 million workers are exposed to chemicals that can be harmful to the ear.

Hearing loss can also result from physical trauma. This includes a blow to the head or ear, or pressure waves that rupture the eardrum, such as from an explosion blast or abrupt pressure changes.

In the state of Georgia, “harmful noise” is legally defined as sound capable of producing occupational loss of hearing. Further, “Occupational loss of hearing” is defined in Georgia state law as a permanent sensorineural hearing loss in both ears caused by prolonged exposure to harmful noise in employment.

The Atlanta hearing loss lawyer team at Merritt & Merritt Law Firm, we are experienced in winning cases for our clients who have suffered occupational hearing loss. Our attorneys are experienced in fighting hearing loss cases in the Atlanta legal system, and will work with you to make sure you are taken care of throughout the entire process. Call our attorneys today at 404-975-1775 to talk to one of our attorneys for free today.

Workers’ Compensation for Hearing Loss in Georgia

If your hearing loss is a result of your job duties or work environment, you may be eligible for workers’ compensation benefits in Georgia. The Georgia workers’ compensation system provides benefits for employees who suffer work-related injuries, including vision and hearing loss.

There are some key aspects that you should consider when looking at receiving workers compensation for hearing loss that was caused by harmful noise:

• Frequencies Considered: Only hearing levels at the frequencies of 500, 1,000, 2,000, and 3,000 cycles per second are considered in the evaluation of occupational hearing loss.
• Calculating Percentage of Loss: The percentage of hearing loss is calculated as the average, in decibels, of the thresholds of hearing for the four relevant frequencies using an audiogram test.. If multiple audiograms are taken, the one with the lowest threshold is used.
• Compensable Threshold: Hearing losses averaging 25 decibels or less across the four frequencies do not constitute a compensable hearing disability.
• Protective Devices: If an employee fails to regularly use employer-provided protective devices capable of preventing hearing loss from the specific harmful noise, no compensation benefits are payable.
• Liable Employer: The employer liable for compensation is the one where the employee was last exposed to harmful noise in Georgia for 90 working days or parts thereof.
• Pre-existing Loss: An employer is liable for the entire occupational hearing loss their employment contributed to, but not for previous loss established by prior testing or compensation, nor for losses from non-occupational causes.
• Filing Deadline: A claim for compensation for occupational hearing loss caused by harmful noise cannot be filed until six months have passed since the last exposure to harmful noise with the last employer. The date of disability is the last day of such exposure.

Seeking Workers’ Compensation for Hearing Loss

If you believe you have suffered irreversible occupational hearing loss in the workplace, it is important to understand your rights and the process.The Atlanta hearing loss lawyer team at Merritt & Merritt Law Firm can help you navigate the complicated system and help you get all the documentation you need for compensation.

If you believe you have suffered or are suffering from hearing loss due to your workplace conditions, you should seek medical treatment and report your injury to your employer immediately. Documentation is crucial to your claim, and your Atlanta hearing loss lawyer will work with you to ensure you get all the benefits you deserve.

Employees generally have one year from the date of injury to file a claim for workers’ compensation benefits, but for noise-induced hearing loss, the specific six-month waiting period after last exposure and date of disability rule applies.

Navigating a workers’ compensation claim, especially for something like hearing loss that may develop over a period of time, can be complex. Employers or their insurance companies may dispute or deny claims. An experienced Atlanta hearing loss lawyer from Merritt & Merritt Law Firm can help you understand your eligibility, guide you through the intricacies of the system, ensure deadlines are met, and fight to secure the full benefits you are entitled to, including medical treatment, hearing aids, lost wages, and vocational rehabilitation.

General Personal Injury Claims and Hearing Loss

Hearing loss caused from a traumatic accident like a blow to the head or ear, or from incidents like explosions that occur outside of a work context or due to the negligence of a third party (even if at work), may fall under Georgia’s general personal injury laws.

The State of Georgia operates under an at-fault system for personal injury claims, meaning the party responsible for causing an accident is liable for covering the resulting damages.
However, Georgia also follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident that caused your injury, your compensation will be reduced by your percentage of fault. For example, if your damages are $100,000 and you are found to be 10% at fault, you can recover $90,000. If you are determined to be 50% or more at fault, you cannot recover any damages. An attorney can help reduce your assigned blame and protect your right to compensation.

In Georgia, the general statute of limitations for most personal injury lawsuits istwo yearsfrom the date of the injury. If you fail to file a lawsuit within this timeframe, you will generally lose your right to seek compensation, which could amount to thousands of dollars lost that you may have been able to recover.

At the Georgia Hearing Loss Lawyers of Merritt & Merritt Law Firm, our attorneys are experienced at winning hearing loss cases in the state of Georgia, and know how to navigate the legal system to your advantage. Call us today at 404-975-1775 to schedule a free consultation today and see what we can do for you.

Types of Damages an Atlanta Hearing Loss Injury Lawyer Can Recover for You

In a personal injury case in Georgia, you may be entitled to seek various types of damages to compensate you for your losses. These can typically include:

• Economic Damages: These cover direct financial losses, such as medical bills, lost income, and property damage.
• Non-Economic Damages: These compensate for non-financial losses, including pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.
• Punitive Damages: These are generally damages that are reserved for more severe incidents. These damages are meant to punish the individual and make an example out of their case to dissuade others from repeating the offense.

Steps to Take After Suffering Hearing Loss

If you have suffered hearing loss due to an accident or workplace exposure in Georgia, taking the right steps promptly is crucial for protecting your rights and building a strong case.

1. Seek Immediate Medical Care: Get evaluated by a doctor, even if the injury seems minor or the hearing loss is gradual. Make sure to get everything documented and maintain those documents.
2. Report the Injury: If the hearing loss is work-related, report it to your employer immediately. If it’s related to a non-work accident (like a car crash), notify the police or the proper authorities.
3. Gather Evidence: Collect as much as you safely can of the incident. Whether it be work related or not, the more documentation you have, the better.
4. Contact an Experienced Attorney: When you are faced with a hearing loss injury, whether it be workplace related or not, it is best to contact an Atlanta hearing loss lawyer at Merritt & Merritt Law Firm by calling 404-975-1775 for a free consultation.

How an Attorney Can Help

An experienced Atlanta hearing loss lawyer in Georgia can be invaluable when dealing with hearing loss caused by an accident or work exposure. They understand the complexities of Georgia’s laws, including the specific rules for occupational hearing loss compensation and general personal injury statutes.

Our attorneys can help you navigate the claims process, whether it’s a workers’ compensation claim or a personal injury lawsuit. They can gather necessary evidence, negotiate with insurance companies, prepare your case for trial if a fair settlement isn’t reached, and work to maximize your compensation for all your losses.

Understanding Georgia’s laws can be extremely complicated, but having an attorney by your side ensures you are properly represented and can focus on your recovery. Don’t delay in seeking legal guidance to understand your options and pursue the compensation you are entitled to. Call Merritt & Merritt Law Firm at 404-975-1775 today for your free consultation.