Hearing Loss Claims Under the Longshore Act
If you are a maritime employee who suffers from hearing loss, have lost your hearing, or your hearing has become impaired, you may have a hearing loss claim under the Longshore Act that entitles you to compensation. It does not matter when you last worked for a port employer. You could have retired a long time ago. For hearing loss claims, time does not begin to run until an audiogram together with a report showing a hearing loss, is given to you. You may be entitled to compensation if you can present sufficient evidence to invoke a presumption under 33 U.SC. §920(a), that is that your hearing loss is work-related. The burden then shifts to the last employer that you worked for to come forward with evidence to rebut the presumption. The administrative law judge then weighs the evidence as a whole to determine whether or not your hearing loss claim under the Longshore Act has been established.
I handle hearing loss claims under the Longshore Act for longshoremen working in the ILA. If you believe that it may be due to your work as a maritime employee, please do not hesitate to contact me for a free consultation. I represent maritime employees who have suffered hearing loss so that you may obtain medical treatment and compensation for your injuries. You should be aware that it may not matter how long ago you worked for your employer. In order to file a claim for hearing loss, you must produce an audiogram which measures and explains your hearing loss. If the audiogram shows that you have a loss of hearing, then you must give notice of your injury to your last maritime employer within thirty (30) days of when you receive a copy of your audiogram. Additional time and technical restrictions apply. For a free consultation to discuss whether or not you have a Longshore Act hearing loss claim, contact me immediately.