Q: my ear popped 2 years ago due to loud noise while working for amazon
i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked there for like less than a month. it was super loud inside the warehouse and the day that my ear popped i was working right next to a loud blaring alarm and i think that was what caused it. i went to the doctor and they prescribed me ear drops during this time to help heal it and was also bleeding out of my ear after it had popped. i was wondering if its still possible to sue them since its been 2 years? if anyone has any helpful info it would be greatly appreciated thank you.
A:
If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.
However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you might be able to bring a personal injury action against them. However, be aware that your deadline to do so is two years from the incident.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident occurred two years ago, you may still be within the time window to file a lawsuit. However, there are some important considerations:
1. If you were an Amazon employee at the time, your injury would likely fall under a workers' compensation claim rather than a personal injury lawsuit. The statute of limitations for workers' comp claims in California is one year from the date of injury in most cases. There are a few exceptions that can extend this to two years in some circumstances.
2. Even if you are still within the statute of limitations, you'll need to prove that Amazon was negligent in some way that caused your injury - for example, by not providing adequate hearing protection in excessively noisy work areas. The fact that you saw a doctor and have medical records documenting the injury and treatment shortly after it occurred will help support your case.
3. If significant time has passed, it may be more challenging to gather evidence to support your claim. Witnesses' memories fade, records can be lost or discarded, working conditions may have changed, etc.
My advice would be to consult with a workers' compensation attorney or personal injury lawyer in your area as soon as possible. Many offer free initial consultations. They can evaluate the specifics of your case, determine if you are still within the statute of limitations, and advise you on your options for seeking compensation for your injury. The consultation will give you a clearer picture of the viability of a potential legal claim.
In the meantime, make sure to obtain and safeguard all medical records related to diagnosis and treatment of your ear injury, as well as any other documentation you may have from that time (paystubs showing your dates of employment, photos/video of the working conditions if you happened to take any, etc.)
I hope you are able to find a positive resolution and wish you all the best. Take care of yourself.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
