Are you a shipyard employee, or do you frequently work on boats out at sea? If so, you are likely familiar with the loud, consistent noise you hear at sea or on ships in the yard. While most maritime workers treat these noise levels as just another part of the job, consistent exposure can cause permanent damage and even complete hearing loss.
Below, we’ll cover how working on a ship could affect your hearing and potential avenues for pursuing compensation for maritime injuries.
How Working on a Ship Could Impact Your Hearing
If you work in a shipyard or on a boat, you may be regularly exposed to loud sounds, vibrational hums, and chronic noise pollution. While some workers never experience any ill effects from this exposure, others may suffer hearing damage and hearing loss. In the worst cases, excessive noise exposure can cause complete deafness.
While many maritime workers fear accidents like falling overboard, noise-induced hearing loss is one of the main risk factors for sailors, according to a recent study.
Laws that Cover Maritime Accidents
Most work-related accidents and injuries are covered by workers’ compensation. Maritime workers, however, do not qualify for traditional workers’ compensation coverage because they are operating on “navigable waters.” This means different laws apply, since the water is technically not part of any one state’s jurisdiction.
Instead, the Longshore and Harbor Workers’ Compensation Act applies to situations involving maritime hearing loss. To report a hearing injury, notify a supervisor right away, then seek medical treatment as soon as possible. If the situation is an emergency, go straight to medical care. Otherwise, request Form LS-1 from your employer before seeking care. Once you do, you must use Form LS-203 to file a written claim with the OWCP within a year of getting care.
Does Maritime-Related Hearing Loss Qualify for Compensation?
Yes. Under the Longshore and Harbor Worker’s Compensation Act, maritime-related hearing loss qualifies as a work injury, which means you may be eligible for compensation.
Legal Options for Seeking Compensation for Maritime-Related Hearing Loss
Work injuries are complicated, and they inevitably result in a whole host of losses, especially when it comes to hearing loss. Hearing loss will impact more than just your job. You may struggle to complete other daily tasks, and total hearing loss can be considered a disability. If your losses exceed the compensation awarded under the Longshore and Harbor Workers’ Compensation Act, you may be able to file an additional claim if your employer’s or someone else’s negligence caused or contributed to your hearing problems. For instance, if you used defective earplugs, the earplug manufacturer might be held partially liable.
Do You Have More Legal Questions?
If you experienced hearing loss or hearing damage from working at sea or on boats, you first need to identify your condition by getting medical treatment. Once you have a solid diagnosis, you will need to identify the extent of your losses. If your losses are significant, it may be in your best interest to connect with a local lawyer to determine whether you have a basis to pursue a compensation claim.
If you have more legal questions, schedule a case evaluation with our office to discuss your situation in more detail with a lawyer who can help explain your legal rights and options as a maritime worker.
Author
