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Outdoor Work Injuries and Workers’ Compensation – Part Three

This is our third article on why working outdoors can lead to workers’ compensation claims in North Carolina and Virginia. In the first article, we talked about the dangers of biological hazards, venomous hazards, and the physical hazard of heat exposure. In the second article, we talked about heat stress and cold stress. In this article, we discuss exposure to noise which can be an outdoor and an indoor hazard. Outside exposure includes hammering, the use of jackhammers, power tools, chipper shredders, and the use of many different types of equipment and machines which can produce a tremendous amount of noise.

According to the US Centers for Disease Control and Prevention (CDC), the National Institute for Occupational Safety and Health (NIOSH) “established a recommended exposure limit (REL) of 85 A-weighted decibels (dBA) averaged over an eight-hour workday.” The CDC states that all industries have some risk of noise exposure. There are many steps employers and safety professionals can take to prevent or reduce the risk of hearing loss.

Please remember that you do not have to show that your employer failed to consider or implement any safety procedures. You can file a workers’ compensation claim in North Carolina or Virginia if you suffer injuries due to a workplace accident during the scope of your employment – regardless of fault.

That being said, in North Carolina, according to N.C.G.S. Section 97-53 (28) (k), no compensation benefits are payable if an employee fails to regularly utilize employer-provided protection device or devices, capable of preventing loss of hearing from the particular harmful noise where the employee works.

The damage that loud noises cause depends on the loudness of the noise, the length of time it’s noisy, and how often the noise repeats. NIOSH recommends that noise levels be limited as follows:

  • 82 dBA (a weighted decibel measurement) for up to no more than 16 hours
  • 85dBA (a weighted decibel measurement) for up to no more than 8 hours
  • 88 dBA (a weighted decibel measurement) for up to no more than 4 hours
  • 91 dBA (a weighted decibel measurement) for up to no more than 2 hours
  • 94 dBA (a weighted decibel measurement) for up to no more than 1 hour
  • 97 dBA (a weighted decibel measurement) for up to no more than 30 minutes
  • 100 dBA (a weighted decibel measurement) for up to no more than 15 minutes

Workers and employers can use a sound meter to check noise levels. NIOSH has its own NIOSH Sound Level Meter App.

Some of the factors that indicate sound levels are at certain dBA levels are the following:

  • At 85 dBA, you need to raise your voice to be heard by a person 3 feet away. Some of the work equipment that can produce noise levels around 85-90 dBA include lawnmowers, printing presses, power tools, and vacuums.
  • At 95 dBA, you need to shout to be heard by a person 3 feet away. Some of the work equipment or factors that can produce noise levels around 95 dBA include bulldozers, ambulance sirens, and chainsaws.

Some other signs that it’s too loud where you’re working include:

  • “Your ears ring or sounds seem dull or flat after leaving the noisy area.”
  • You need to turn up your phone volume after the end of a work shift.
  • The car radio sounds too loud the next day.

Some of the industries that can cause hearing loss and other hearing injuries include construction, manufacturing, and mining. Every industry has some risk. Even administrators and janitors have some noise exposure risks.

The benefits of noise reduction in the workplace

The hearing benefits of reducing noise in the workplace include helping to avoid or limit the following conditions:

  • Permanent hearing loss
  • Ringing in the ears (tinnitus)
  • High blood pressure (hypertension)
  • Heart disease

Other noise reduction benefits include:

  • A lower stress level
  • Less fatigue
  • More productivity and workplace enjoyment
  • Better employer/employee relations

Steps to reduce noise levels

High levels of noise in the workplace can also contribute to workplace accidents and injuries because workers may not hear alarms, signals, and verbal warnings. Some of the steps that NIOSH recommends that employers take to make their workplace safe for workers regarding the prevention of occupational noise-inducing hearing loss include the following steps which use the following hierarchy:

  • The most effective step is noise elimination. Employers should remove hearing hazards and design quiet processes.
  • The next most effective step is substation. This includes replacing noisy equipment with quieter equipment and using “non-ototoxic chemicals
  • Engineering controls. Employers can help their workers by modifying the source or transmission of noise sources, “installing ventilation to remove ototoxicants, and regularly conducting equipment maintenance.
  • Administrative controls. This step includes adjusting the schedules of workers to limit noise exposure and scheduling and verifying maintenance.
  • The least effective step is the use of personal protective equipment (PPE). These include earmuffs, earplugs, and respirators. PPE also includes training and properly fitting workers with their PPE.

Additional steps that employers and workers can take to help reduce the level of noise at work include:

  • Taking breaks away from the noisy activity
  • Limiting how much time a worker spends in areas where it’s noisy
  • Keeping the volume as low as possible
  • Wearing hearing protection correctly – following the manufacturer instructions

Workers Comp Benefits for Hearing Loss

It must always first be remembered that before you can consider recovering benefits for Hearing Loss in any workers compensation claim, you must first be able tp prove that your hearing loss resulted from prolonged exposure to harmful noise at work, and NOT from some other activity outside of work such as frequent hunting or attendance at heavy metal rock concerts.

Despite the NIOSH table above, in North Carolina, “Harmful Noise,” according to N.C.G.S. 97-53 (28) (a) means sound in excess of 90 decibels. Anything less than 90 decibels is deemed “incapable of producing occupational loss of hearing as defined in this section.”

According to the North Carolina Industrial Commission (NICC), the compensation for hearing loss is as follows:

  • For the complete loss of hearing in one ear – the worker should receive sixty-six and two-thirds percent (66 2/3%) of the average weekly wages for 70 weeks
  • For the complete loss of hearing in both ears – the worker should receive sixty-six and two-thirds percent (66 2/3%) of the average weekly wages for 150 weeks.

The “weeks” mentioned are the temporary total disability (TTD) rate, which would be 2/3rds of the injured worker’s average weekly wage. When the doctor determines the percentage loss of Hearing for each ear, that percentage is multiplied by the maximum benefit to yield the benefit paid in the case.

For instance, if the injured worker is shown to have work-related hearing loss in one ear of 50%, then the benefit would be 50% of 70 weeks, which is 35 weeks.

In Virginia, the Hearing Loss benefits are up to 50 weeks for the complete loss of hearing per ear.

The percentage of hearing loss in Virginia is determined by the decibel loss for each ear, which is then converted to a percentage pursuant to a HEARING LOSS TABLE set forth by the Virginia Workers Compensation Commission.

Then, as discussed previously, you would take the percentage hearing loss of the maximum of 50 weeks per ear, to get the number of benefit weeks the worker would be entitled to.

North Carolina and Virginia workers’ compensation lawyer Joe Miller understands how life-changing losing the ability to hear is. We work with your doctors (and our network of doctors when necessary) to verify the severity of your hearing loss and to demand all the compensation you deserve for your medical bills, disability benefits, hearing aids, and any retraining/vocational benefits you may be eligible to receive.

We’ve helped thousands of injured and ill workers obtain strong recoveries. Call attorney Joe Miller, Esq., at 888-667-8295 or fill out my online contact form to schedule a free consultation.

Our law firm does have a way for you to provide your details of your accident and injuries if you simply want to do that electronically from the comfort and safety of your home at any time of day or night. To utilize this service, simply click here: New Electronic Case Review.

We’ll get back to you, typically within 24 hours to provide our response as to whether your situation is one where we can provide you with legal representation. If we require more information, we’ll contact you and ask for that information in order to make that determination as to whether we are the best folks to assist you. If we ultimately determine that we cannot represent or assist you, we will not leave you high and dry. We’ll do our best to provide you with other resources to assist you.