If you suffered a hearing loss as a result of working at a shipyard like Ingalls or Avondale, you may have a claim for Longshore & Harbor Workers Compensation benefits.
How is a Longshore & Harbor Workers Compensation Hearing Loss Calculated? First, the impairment rating % is determined by a Physician by the using the AMA Guides.
The employee’s Average Weekly Wage (“AWW”) is determined as of the date of last exposure to harmful noise.
Generally, amount receive will be calculated as follows:
Monaural Hearing Loss. The amount of monaural hearing loss is multiplied times the number of weeks contained in section 8(c)(13)(A) (i.e. 52 weeks) to determine the length of entitlement. This number of weeks is multiplied times the compensation rate (i.e. AWW x 2/3) to determine the amount of compensation. The following is an example of the application of this this formula assuming an AWW of $777 and a 12.25 monaural hearing loss:
12.25% monaural loss x 52 weeks = 6.37 weeks
6.37 weeks x $777 x 2/3 = $3,299.62
Binaural Hearing Loss. If there is a binaural loss of hearing, the amount of binaural loss is multiplied times the number of weeks contained in section 8(c)(13)(B) (200 weeks), and then times the compensation rate. The following is an example of the application of this formula assuming an AWW of $800 per week and a 15.5% binaural loss:
15.5% binaural loss x 200 weeks = 31 weeks
weeks x $800 x 2/3 = $16,533.16
If you have any questions about your Hearing Loss Claim or other job injury, contact a Longshore & Harbor Workers Compensation Lawyer.