Is Hearing Loss Covered Under the Defense Base Act and the Longshore Act?
The reason that hearing loss due to work may be covered under the Defense Base Act or the Longshore Act is that these two industries are known for working with machines that create excessive noise. Contact a defense attorney at Montiel Hodge if you have an employee with occupational hearing loss claims.
Hearing Loss Claims
Unfortunately, many workers with viable DBA claims don’t know they have them. Many employees who suffer from hearing loss, who could benefit from Defense Base Act hearing loss compensation, retire without ever filing a claim.
Workers across all industries are legally entitled to a safe working environment. Being exposed to high decibels of sound over an extended time does not qualify as ‘safe,’ as it can permanently damage an employee’s hearing.
The Defense Base Act and the Longshore Act
Employees on military bases and those with longshore careers are frequently exposed to high noise levels, which is why hearing loss is covered under both the Defense Base Act and the Longshore Act.
The DBA qualifies hearing loss as a traumatic injury rather than an occupational disease. An occupational disease is an injury that increases over time and takes a while to discover. Because they qualify it as a traumatic injury, an employee must be conscious of when they were exposed to high noise levels when they file a claim.
Types of Hearing Loss
The two types of hearing loss covered under the Defense Base Act and the Longshore Act include:
● Monaural
○ This is hearing loss in one ear. If your employee has 100% monaural hearing loss and total loss of hearing in one ear, they may be eligible for a year of compensation at the DBA and Longshore Act rate.
○ The rate will be calculated according to your employee’s loss if they have anything less than 100% hearing loss.
● Binaural
○ Binaural loss is the loss of hearing in both ears. 100% binaural loss equals 200 weeks of compensation, and anything less than 100% will be calculated according to the percentage of your employee’s loss.
Your Employee’s Hearing Loss Claim
Your employee’s hearing loss may be due to preexisting conditions and may have been present before their employment at a military base or longshore location.
That’s why you need a defense attorney on your side, like those of us at Montiel Hodge. Handling a claim can be arduous, and we are here to help. Give us a call today to get started on your case.
