Education and Thought Leadership
Education and Thought Leadership
March 17, 2023

Will Hearing Loss Lawsuits Increase in 2023?

Why are hearing loss lawsuits expected to rise in 2023? Find out by reading through this helpful resource!

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Over $242 million in workers' compensation expenses are incurred annually due to noise-induced hearing loss (NIHL), a serious problem in the workplace. Roughly 22% of all workers' compensation cases fall under this category. This high cost is due to the fact that hearing loss is a common and costly condition that can have a significant impact on the lives of workers and their ability to earn a living.

Hearing loss is a common and costly condition that affects millions of people in the United States. Overall, it is estimated that about 25% of all workers in the United States have been exposed to hazardous noise levels at some point in their careers. This includes workers in a wide range of industries, including construction, manufacturing, transportation, and healthcare, among others. Specifically, it is estimated that 14% of all workers, or about 22 million people, have been exposed to hazardous noise levels in the last year.

Why are hearing loss lawsuits increasing?

In recent years, there has been a significant increase in the number of hearing loss lawsuits being filed in the United States, particularly those related to occupational hearing loss. This trend is believed to be driven by a number of factors, including the aging population and increased awareness of the issue. Recently, 3M, a provider of hearing protection devices, has been in court battling claims that the company failed to take action when they knew their products failed to prevent hearing loss. Learn more about the 3M earplug lawsuit here.

One of the main causes of rising hearing loss lawsuits from the working environment is the lack of proper noise control measures in the workplace. Many workplaces, particularly those in industries such as construction, manufacturing, and transportation, are inherently loud and expose employees to high levels of noise on a daily basis. For an 8-hour work day, the Occupational Safety and Health Administration (OSHA) requires employers to use engineering controls when exposures exceed 90 dBA and administrative controls, hearing protection, and annual hearing monitoring when exposures exceed 85 dBA. Without proper noise control measures, such as soundproofing or the use of noise-canceling technology, employees are at risk of developing hearing loss over time.

Is there a link between hearing loss and depression, anxiety, and cognitive decline?

Hearing loss is a prevalent health problem. Reduced hearing does not have to be accepted as a natural part of aging. It has a lot of additional health issues attached to it. Comorbidities associated with hearing loss include rapid cognitive decline, an elevated risk of dementia and falls, social isolation, depression, and possibly early mortality. Reduced communication caused by untreated hearing loss may have social repercussions including loneliness and loss of independence. As a result, hearing loss treatment affects both communication and overall wellness.

Heart disease and hearing loss share a number of risk factors: prolonged exposure to loud noise can impair hearing but also raise stress levels, which can have negative effects on heart health.

The study conducted by NIOSH entitled "Cardiovascular Conditions, Hearing Difficulty, and Occupational Noise Exposure within U.S. Industries and Occupations," examined the connection between workplace noise and ailments like high blood pressure, high cholesterol, and hearing loss. This research found:

• Each year, loud noise is an occupational hazard for 22 million people.

• The majority of hearing impairment cases among employees (58%) were related to excessive noise at work and could be avoided if the noise was turned down to safe levels.

• Loud noise at work may be responsible for 9% of high cholesterol cases and 14% of high blood pressure cases among employees.

• Blood pressure and cholesterol checks were less likely to have been performed on employees who had a history of making loud noises at work.

Hearing loss can negatively impact social interactions, communication, and overall quality of life. Studies have shown that older adults with hearing loss are more likely to experience depression and social isolation. Additionally, untreated hearing loss has been linked to cognitive decline and an increased risk of falls and accidents.

How expensive is it to treat hearing loss?

The WHO estimates that unaddressed hearing loss costs the global economy US$ 980 billion annually due to health sector costs (excluding the cost of hearing devices), costs of educational support, loss of productivity, and societal costs. Disabling hearing loss in the USA costs around $133 billion each year. This is around $9,100 per person with untreated disabling hearing loss. 7% of all adults live with disabling hearing loss. More than two out of three are not treated for their disabling hearing loss. The costs are related to lower quality of life and higher unemployment among people with disabling hearing loss. The cost does not cover extra health care costs caused by hearing loss.

Did the employer act negligently and fail to protect its employees?

When employers fail to provide their employees with proper safety equipment and training, especially when they are exposed to continuously excessive noise levels, this is a breach of duty. Noisy environments are one of the most common factors of hearing loss. The majority of hearing loss compensation claims develop gradually, meaning that the person's hearing ability steadily declines. Workers in manufacturing facilities, mining, and construction industry are particularly at risk of hearing loss since the use of noisy machinery is used on a daily basis.

Lack of sufficient training and education regarding the risks of loud noise in the workplace is another factor that may be contributing to the increase in hearing loss claims in the workplace. Many workers may not have access to the right safety equipment or training to safeguard their hearing because they are unaware of the dangers of extended exposure to loud noise. Over time, this may cause hearing damage, which may prompt legal action.

The inability of employers to provide suitable hearing protection devices or to enforce their use is another factor contributing to the increase in hearing loss lawsuits. Many firms fail to supply sufficient earplugs or earmuffs for employees or fail to enforce their use, which can cause hearing loss in workers.

Additionally, many companies fail to conduct regular hearing tests for their employees to detect early signs of hearing loss or to monitor the progression of the condition, which can also lead to lawsuits.

Employees have the right to file a compensation claim if they have been injured due to their employer's failure to protect them from industrial noise by following health and safety regulations. This is also possible even if they began to suffer hearing loss a long time after they worked in the industry which is responsible for the problem.

How can Soundtrace help prevent hearing loss in the workplace?

This is where Soundtrace can help businesses identify appropriate noise control measures that need to be put in place. The software provides detailed information on noise levels and patterns, which can be used to pinpoint specific sources of excessive noise. This information can be used to determine which noise control measures would be most effective in reducing noise levels to within acceptable limits. Additionally, the software can be configured to simulate the impact of different noise control strategies, allowing businesses to test and compare different options before implementing them. This can help businesses to find the most cost-effective and efficient solutions for reducing noise levels.

Without consistent monitoring and data, it would be difficult to demonstrate that current safety measures are sufficient in protecting workers from hearing loss.

That is why Soundtrace as a noise monitoring and analysis software can help businesses protect themselves from noise-related legal claims by providing accurate, real-time data and detailed reports on noise levels and patterns. This information can be used to identify and address potential noise issues before they become a problem and to demonstrate compliance with local noise regulations. Additionally, Soundtrace can be configured to automatically trigger alerts when noise levels exceed certain thresholds, allowing businesses to take immediate action to mitigate the problem.

How can a company reduce the risk of hearing loss injury lawsuits?

In conclusion, the rising incidence of hearing loss lawsuits in the United States is a complex issue that is mostly driven by the growing awareness of the impact of hearing loss on an individual's life, the links between hearing loss and other health problems, the cost of treatment, a lack of effective noise control measures and training in the workplace. Organizations should implement noise control measures in place just like Soundtrace, provide proper training and education on the risks of noise exposure, provide suitable hearing protection devices, and perform routine audiometric hearing tests to safeguard employees from hearing loss and reduce the possibility of lawsuits. To ensure the safety of their employees, employers must be attentive in enforcing the implementation of certain safety precautions.

Nonetheless, with today's hearing loss prevention approaches and strategies, and with the help of Soundtrace technology, occupational noise exposure can be significantly reduced and workplace hearing loss can be completely avoided.

Contact our team to learn more about the Soundtrace preventative solution!

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