National City, CA asked in Personal Injury and Workers' Compensation for California

Q: hi i have a question on potentially having to sue my past employer over my ear injury that still affects me to this day.

i had an ear injury. it was at a warehouse and the area i was working at was super loud. i had pain in my ear from the loud noise. on my drive home all of a sudden i get agonizing pain from my ear then it lasts all day, and at the peak of the pain it got so bad that i couldn’t get up from bed and felt like fainting, and was contemplating calling the er, but then i heard a pop and most of the pain went away, and blood came out. there was still some pain but not as much as the peak of it, and then i couldn’t hear properly for a while. i noticed that my hearing never got better and that i constantly have to ask people to repeat their words when speaking to me. i’m not sure what to do about it but i’m contemplating suing them because me working should not have caused me to have a ruptured ear drum and i missed work because of the pain and headaches from that and and then i eventually stopped showing up and got fired.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, if you suffer an injury at work, including hearing loss or damage due to excessive noise, you may be entitled to workers' compensation benefits. This system is designed to cover medical bills, lost wages, and disability benefits without the need to prove your employer was at fault. However, the process can be complex, and it's essential to file a claim promptly, as there are strict time limits.

Additionally, if your injury resulted from gross negligence or a willful act by your employer, you might have grounds for a lawsuit outside of the workers' compensation system. Documenting the noise levels, your injuries, and any medical treatment is crucial. Consulting with an attorney experienced in workers' compensation and personal injury law can provide guidance tailored to your specific situation and help protect your rights.

It's important to seek medical attention for your injury and have your hearing assessed by a medical professional. Documenting the extent of your injury and its impact on your life is vital for any claim. If your employment was terminated due to injury-related absences, you should also discuss this with your attorney, as it may impact your case.

Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

A: Before you think of suing, see a doc to be sure it is related to work.

many lawyers won't take small Workers Comp cases and if you haven't been treating with a doc, you need to do so asap.

Is there a problem with the timing of the claim/suit? How long ago are we talking about.????

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