Occupational hearing impairments as cases of legal proceedings
E. Ékes
National Institute of Occupational Health
CEJOEM 1997, Vol.3. No.4.:327
Evaluation of legal proceedings aimed at finding a solution to reduce the
number of proceedings at law since they are time consuming, expensive and
can even cause disappointment.
Occupational hearing loss is one of the diseases
to be compensated. Compensation is paid as an allowance by the Social Insurance
depending on the degree of the deterioration in working ability induced
by the hearing impairment. Beside the legal compensation in numerous cases
further compensation is demanded by civil action. Experience deduced from
14 legal proceedings is discussed.
Among the 14 legal proceedings in 1 case the occupational
hearing impairment has reached the degree of getting compensation, deterioration
in working ability induced by the hearing impairment has been 30%. In 3
cases the occupational origin can be proved, though the hearing impairment
has not reached a degree that required compensation, the deterioration
in working ability has been less than 10%. In 1 case the character of the
hearing impairment has been similar to that caused by noise, however, no
exposure to noise existed. In 2 cases the the hearing impairment has developed
as a consequence of acute hearing impairment and Menier disease, this was
further compromised by noise exposure which was not the primary factor
in aetiology. In 4 cases combined or hearing impairment due to the conductive
hearing loss has been intended to ascribe to noise exposure. In 3 cases
the basis of the proceeding has been congenital or already in young age
existing hearing impairment, presumably deteriorated by noise exposure.
From the 14 cases in five ones it could be stated
that in an indirect way the lack of medical examination or the failure
in the judgment of working ability played a role in the development of
hearing impairment. In 13 cases it has been the nonexact or incorrect medical
experteese that served as a base for legal proceedings. The question of
responsibility in the formation of occupational hearing impairment is discussed
and the author outlines tasks aiming at the prevention of legal proceedings.
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