Workplace Accident Hearing Loss

Oftentimes, hearing loss as a result of a fall off of a ladder, blow to the head, brain injury, or explosion will arise in the context of a Worker’s Compensation Claim.
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The Virginia Workers Compensation Act allows for permanency AWARDS where there is a permanent loss of arms, legs, or visual acuity and auditory deficit. To prove such cases, it is critical to conduct the required measurements, and, where possible, review hearing levels pre-accident.
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Doug Landau observed the wonderful concerts in front of the Lincoln Center on Broadway in New York City. There are dance parties with DJs. However, at 10 o’clock, because of noise ordinances, free headphones are distributed, music is enjoyed, and the dancing continues, all in seeming silence!

Many ABRAMS LANDAU clients have undergone testing for their commercial driver’s licenses (CDL), military entrance & exit physicals, and other annual checkups that measure the abilities of their ears. Total hearing loss to one ear can be worth 100 weeks of compensation.  In other words, if a worker has lost 50% of the hearing in one ear, they can receive 50 weeks of consecutive compensation checks at their total compensation rate, even if they return to work.  Some clients prefer to receive such payments in a lump sum, which are then subject to the 4% commutation rate, as set by the Virginia Workers Compensation Statute.

A treating doctor must make a finding that the injured worker has sustained a permanent loss of hearing and that they’ve reached maximum medical improvement, to then give a numerical reading.
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Insurance companies frequently send the injured worker to have testing done by their own doctor. The insurance company will choose the examiner, and unsurprisingly, such examinations usually result in a lower number.
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The Worker’s Compensation Judge will make their decision based on: the authorized treating doctor’s finding, the insurance medical examiner’s finding, or some number in between. If they are satisfied that the injured worker has reached “maximum medical improvement” and there is measurable permanent hearing loss, the claimant will be granted a permanency award. Oftentimes, this will lead to a compromise settlement of the claim.
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Permanent hearing or vision loss is an inadvertent travesty. If you, or a loved one, have experienced a similar case and have questions, please contact us at 703–796–9055, or email frontdesk@landaulawshop.com.