How Many People Experience Noisy Work Conditions?

According to the CDC somewhere around, 30 million people experience noisy workplaces. But, hearing loss doesn’t just involve noisy workplaces – it can also deal with chemicals, metals or solvents that you use in the workplace, that can damage the inner ear.

What Types Of Jobs Put Workers At Risk?

When talking about noisy workplaces or dealing with chemicals, these are the top jobs that put people at risk for hearing loss.

– Construction
– Mining
– Nightclub Jobs
– Auto/Motorcycle Manufacturing or Testing
– Carpentry
– Airline Maintenance
– Manufacturing and Factories

Noises louder than 80DB can damage the inner ear permanently. Unfortunately everyday things like tools, engines, and music – are all 120DB or louder!

Help Reduce The Risk Of Hearing Loss

If you work in a noisy place you can help reduce hearing loss by wearing protective equipment. Here are a few tips to take into consideration while you are on the job.

– Wear Protection: Even if your boss doesn’t provide ear-wear, you should be wearing it, so get yourself earplugs or muffs that would reduce the noise.

– Schedule Hearing Tests: When you schedule a hearing test on a regular basis you can become aware of if your job is causing more of a hearing loss or not.

– Take Breaks: When possible, take breaks away from the noisiness going on around you. Even if you are wearing protective equipment, you still should be taking breaks. Taking breaks away from the equipment doesn’t mean you’re safe at a few inches. You should be placing yourself a few feet away from the equipment and the noise!

– Be Aware Of Loud Equipment: Make sure that you stay away from loud equipment when possible. Jackhammers, for example, can really increase your chances of hearing loss because of how loud they are. A Jackhammer can emit 120DBs even if it’s 3 feet away from where you are!

While that is a typical distance for people walking by it, it doesn’t account for workers that have to hear it at a much closer distance for a much longer time.

Can You Get Workers Compensation?

If you are going for regular visits to your audiologist and they suspect that your hearing is getting worse due to your job and prolonged workplace noise, you should know that you could have a case for workers compensation to help cover your medical costs.

In fact, if the hearing loss is really bad, you might even be able to qualify for social security disability benefits IF you can’t return to work because of the hearing loss. If you are seeking workers comp, seeing a lawyer that deals with employment laws or workers comp is going to be in your best interest.

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As per the California Law, if you have been injured while working, you are entitled to receive workers compensation benefits from your employer.

Duration: In order to become eligible, you will be required to give a notice of your injury to your employer. The notice should be given within 30 days from the date of the injury. In case of injuries, which gets worse with time, you have to send the notice within 30 days from the date on which the injury became serious. For example, one day, you might have suffered a light back strain while picking some document. You didn’t realize it then, but the pain got worse after 7 days. In this case, the notice should be given within 30 days from the date on which you experienced serious pain.

Apart from the notice, you will also have to file a DWC-1 form. You have to submit it to your employer, and then your employer will transfer it to the insurance company. In case of this form, the time limit is 1 year. But you shouldn’t wait for that long. File it as soon as possible.

In case you fail to file the notice within 30 days, you wouldn’t be able to claim the benefits. But if somehow, you can prove that your employer had knowledge of your injury, then you have a chance. For example, if any of your colleagues has informed your employer about your injury, then he should have known.

Eligibility: In order to become eligible for workers compensation benefits, the injury has to be work related. The term ‘ work related’ can be quite confusing and vague. It basically means the injury needs to happen while you were working. For example, if you get injured during break or lunch hours, then you will not qualify. But if you were picking up lunch for your employer, then you will be eligible.

Benefits: You are entitled to receive all the expenses which are required for your treatment. This will include all the necessary expenses like medicines, doctor fees, and hospital bills. You will be entitled to the benefits just one day after filing the claim.

In case your employer doesn’t have workers compensation coverage, then you might need to take legal action. He or she will have to pay your medical expenses and other necessary expenses. In that case, you will need to take the help of a lawyer. United Employee Law Group can help you out in this regard.

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Those who are injured at work in California, USA get their particular privileges in their work. Workman’s compensation provides insurance and services for employees that may be hurt on the job. Workman’s compensation CA has different rules than other states. All states can transform, although the fundamental idea is mainly the same.

The worker’s compensation system is a no-fault injury system, meaning it is not the employee’s fault that they were injured. Nor was it the employer’s fault that the employee was injured. The employer carries workers compensation insurance to pay for any injuries. The cost of the insurance may very well increase for the employer when a claim is made. But that is just the way the system works.

Employees have the to speak with your physician at no cost individually if hurt while working. The worker is given healthcare to think about treatment of their injuries and to get nicely to possess the ability to return to work. A business legally cannot fire the worker because of the injuries. The employer must retain an issue of employment that is equal in spend and stature that the employee held before injuries.

Once the hurt worker completes the documents and submits it to the employer, the process will need time. After the documents are filed with the insurance provider, it is out of the employer’s hands. The insurance provider produces all options. They conduct the analysis into what happened and the validity of the claim. They decide what will and will not be covered, the pay of wage benefits to the employer, payment to the medical companies, and eventually, the termination of benefits because of their determination if the worker is healed otherwise.

In most cases, the worker’s compensation process runs smoothly, and the employee is treated properly. However, there are times that there is a fight that ensues with the insurance company because they don’t think the employee was hurt on the job. This is the time when the employee should hire an attorney. This situation can take a lot of time to resolve. All the while, the employee has been injured, cannot work, and has no income. The insurance company usually fights because there will be a large amount of money they will be required to be paid out, and they simply don’t want to. They will find any reason they can to deny an injured employee. This doesn’t always happen though. A lot of workers compensation claims are clear cut and taken care of promptly.

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Do you know how to file a claim for a workplace injury? Filing a workers’ compensation claim isn’t hard as long as you follow certain steps. Here are 10 simple steps on how to file a claim for a workplace injury.

1. Report Your Injury- The most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor. To be safe, employees should report all on-the-job injuries to supervisory personnel in writing. You should file immediately so that you do not lose any legal rights you may have to receive workers compensation benefits from your employer.
2. Notify Your Employer- No matter how the employer learns of the incident, they must offer you a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits.
3. Fill out the Claim Form- Make sure to SIGN and DATE the claim form!
4. Keep a Copy- After you have filled out the form, it is important that you keep a copy for your records.
5. Give the Claim Form to Your Employer– You may hand-deliver or mail it to your employer. If you choose to mail the claim form, use certified mail-return receipt requested. It is important to file quickly, because otherwise you could be subject to delays in receiving your benefits.
6. Employer’s Responsibility– Your employer should then complete the “Employer” section and forward the completed claim form to his workers’ compensation insurance company. Your employer should give you a copy of the completed claim form. Generally the insurance company has fourteen days to mail you a status letter about your claim. If you don’t receive this letter, you should call the insurance company.
7. Review- If you disagree with a final determination of the Office of Workers’ Compensation Programs you may request an oral hearing or a review of the written record from the Branch of Hearings and Review. Oral and/or written evidence in further support of the claim may be presented.
8. Reconsideration- You may also request a reconsideration of a decision by submitting a written request to the District Office which issued the decision. The request must be accompanied by evidence not previously submitted. If reconsideration has been requested, a hearing on the same issue may not be granted.
9. Employees’ Compensation Appeals Board- You may also request review by the Employees’ Compensation Appeals Board (ECAB). You may not file through the state or federal system; once a final ruling has been made by ECAB there are no further outlets to have the decision overturned.
10. Disputed Claim- If your employer disputes your benefit claim, you may ask for a hearing in front of the Workers’ Compensation board. If you lose, you may appeal to take your case before a Workers’ Compensation Administrative Law Judge. If you still lose, you might be able to take it to court in the judicial system.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/workers-compensation-what-to-do

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An injury on the job could cost you a lot of money to pay for your medical bills, and you could lose your income. These can be the devastating effects of a workplace injury. However, the California Division of Workers’ Compensation has been established to administer a program to pay for your medical care and portions of your lost income. If you have a work-related injury or illness, your employer is required by law to provide insurance to pay these benefits.

Types Of Injuries and Illnesses You Are Covered For
Any injury or illness you experience during your employment is covered regardless of whether you are at fault. However, any deliberate attempt to cause bodily harm by your actions will make you ineligible for benefits. Accidents which are not deliberately caused and result in injury or illness are covered. You are covered if you are hurt in an accident that occurs off-site if you are engaged in an activity for the benefit of your employer.

Repeated exposures at work to harmful conditions also qualify. If you hurt any part of your body from repetitive actions, then you will be covered. Even losing your hearing due to constant loud noises is a cause to file a claim. Many workplace injuries take a while to show up, but if your doctor diagnoses your medical problem as caused by your job, then you can pursue a claim.

What Should You Do If You Are Injured During Work?
If the injury is serious and your life might be endangered, then seek medical help immediately. Getting emergency treatment is vital for your protection. Your employer may have a designated place for you to go to receive treatment, but if the injury is serious or it occurs offsite, then call 911. Otherwise, you should go to the facility designated by your employer.

Regardless, it is imperative that you report the injury to your employer by informing your immediate supervisor. If your illness or injury has developed over time, then report it as soon as you learn about it. Any delay will prevent your employer from fully investigating your injury including how your were injured. Your employer should be informed about your injury or illness within 30 days, but in the case of an injury there is little excuse for delaying a report. If you wait longer than 30 days, you could lose your right to benefits.

As soon as you are able, you should file a DWC 1 claim form with your employer. Your employer can provide this form, and filing this form starts the claim process.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Photo Credit: Shutterstock/ALPA PROD

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