Legal Question in Workers Comp in Kansas
Hearing loss from working in Cello Manufacturing Plant
My husband has been working for a Cellophane Manufacturing Plant for about 4 years. When he had had his Pre employment physical he had a hearing test that showed he had perfect hearing in both ears. Then about a year ago they did some testing per OSHA requirements and they said he was near an OSHA reportable level. His hearing in his left ear was less than 50%. They do have ear plugs but the supervisers do not enforce, nor would it be safe if the emloyees wore them because employees need to hollar from across the plant at each other to get each others attention to advise of situations that may require to move or to do something urgently. Since this has happened due to the loud environment at work, what if anything should he do, or is he entitled to compensation for his hearing loss?
1 Answer from Attorneys
Re: Hearing loss from working in Cello Manufacturing Plant
Your husband may have a valid claim. Does a doctor say his hearing loss is work related? Your husband must notify his employer( I assume it is the Dupont plant, although I know it is a different name now). He must tell his supervisor that he has a hearing loss and that it is related to his work. Within 200 days, he must give his employer a written notice that he is claiming hearing loss from his job. Within 3 years from his report to his supervisor, or two years from the last furnishing of an authorized doctor by his employer or payment of compensation benefits, your husband must have an application for hearing on file with the Director of Workers Compensation's office. Failure to give the 200 day letter or have a timely application on file will result in his claim being barred.
I suggest your husband ask to see a doctor and tell his employer that he has a work related hearing loss. If they refuse a doctor to your husband, see a lawyer immediately!
If you need additional information or clarification, please call, email, fax or write me.
I need to tell you that this message does not create an attorney/client relationship between your husband and me. Kansas law requires an attorney and client to have a written contract to create an attorney/clent relationship. I hope this has been helpful to you but, if you need further information, please contact me. Jim Wright.
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