Hearing Loss Injuries

Hearing loss is an issue that many workers deal with. In 25% of these cases, hearing loss is caused by the work environment. However, connecting hearing loss to the workplace can be challenging to do since many people develop some degree of hearing loss as they age.

However, excessive noise on military bases and facilities handling military aircraft is a common occurrence. What these workers may not know is that they may be compensated for their hearing loss.

If you are a government contractor who has performed work overseas, then you may be eligible for compensation for hearing loss damages under the Defense Base Act. The Defense Base Act covers the following:

• Work for private employers on U.S. military bases.
• Work on public work contracts with any U.S. government agency in connection with national defense or war activities outside of the United States.
• Work on contracts approved and funded by the U.S. under the Foreign Assistance Act.
• Work for American employers providing welfare or similar services outside the United States to benefit the Armed Services.
• Any injury or death occurring to any such employee during transportation to or from the place of employment.

The Defense Base Act provides medical and disability benefits to covered employees injured during the course of employment detailed above. Compensation for total disability is two-thirds of the employee’s average weekly earnings. Compensation is also payable for partial loss of earnings.

In the event of death, eligible survivors of employees (spouses and children) are entitled to death benefits. These benefits are paid at the rate of one-half of the employee’s average weekly earnings to one survivor or two-thirds of the average weekly earnings for two or more eligible survivors.

Working on a military base can be noisy. There is heavy equipment, machinery, and vehicles on these sites, and all produce a significant amount of noise. Over time, these noise levels can lead to hearing loss. 

The good news for these military workers is that the Defense Base Act includes hearing loss as a compensable injury. However, it is not simply called an occupational disease. It is considered to be a traumatic injury. As such, when someone makes a claim for workers’ compensation under the Defense Base Act, they need to include more proof and documentation. Specifically, they will need to note the time period during which they were exposed to excessive or harmful levels of noise.

The Defense Base Act covers both monaural and binaural hearing loss. Monaural means you have hearing loss in just one ear, while binaural hearing loss affects both ears. A professional audiologist will conduct an audiogram to determine the extent of your hearing loss.

If it is determined that you have 100% (or total) monaural hearing loss, then you are eligible for one year of compensation. The rate is specified in the Defense Base Act. If you sustain hearing loss that is less than 100%, compensation is tied to the actual percentage. For instance, if the hearing loss is determined to be 50% in one ear, you would receive half a year of compensation, or 26 weeks.

For binaural hearing loss at 100%, the compensation would equal 200 weeks of pay at the appropriate compensation rate. If the hearing loss is below 100%, you would receive compensation based on the actual percentage of hearing loss.

If you file a hearing loss claim under the Defense Base Act, the odds are in your favor that it will be approved. That is because there is the presumption that it was caused by the working environment.

This means that the insurance company has the burden to prove otherwise, which is a difficult thing to do. The insurance company would have to have significant evidence that the hearing loss  was caused by a pre-existing condition or that it occurred before you worked on the military base.

Hearing loss is not just a fact of life. It’s something for which you may be able to receive compensation.

If you have been working overseas for a U.S. contractor, and you have suffered hearing loss or other injuries, make sure you understand your legal rights. The team at BRILL & RINALDI, The Law Firm, can help you deal with all the legal aspects involved. We are prepared to provide you with expert, knowledgeable guidance every step of the way. To schedule a free consultation, call (954) 876-4344 or fill out the online form.