If you have a partial hearing disability you may be frustrated when trying to navigate the state workers' compensation program maze. Your partial hearing disability can be denied, but if you are cognizant of all the regulations surrounding worker's compensation in your state, you stand a much better chance of obtaining benefits. Keep in mind that when dealing with complicated state or federal government bureaucracy, many times you will have a much better outcome if you hire a disability attorney who is experienced in the disability laws and keeps abreast of the frequent changes.
Your states workers' compensation program can pay for permanent partial disability benefits (PPD) once it has been determined that you suffered a job-related injury which resulted in the permanent loss of use of either a part of your body or your entire body. Remember, however, that these benefits will not be paid to you until you have reached the point with your particular condition where it will not improve in any way in the future.
If your employer's issuer has denied your claim, you only have a very limited amount of time to file an appeal, and if you do not meet this window of time, your case is essentially closed. The time limit for filing an appeal varies widely from state to state--Washington gives you three years after the date of an injury to file an appeal, Alaska gives you two years, and Alabama only gives you 15 days to file an appeal once you have received notice of denial. Because there is such a disparity from state to state, be very sure you know the time limits in your particular state, or hire an attorney who will be aware of the time limits.
There are many types of conditions or ailments which may be eligible for PPD, and suffering a permanent loss of hearing is one of those conditions--if you additionally meet all the qualifications set out by worker's compensation. Other eligible conditions could include chronic and debilitating pain, severe mental injury due to trauma or persistent stress, head trauma which leads to noticeable personality changes or partial loss of memory, or injuring a body part such as arm, finger, foot or toe that leaves you unable to perform certain tasks or jobs.
If you have filed a disability claim for a partial hearing loss, your claim may have been denied for a number of reasons. If your partial hearing disability is not considered permanent, it will be denied. There may be some question as to whether or not your partial hearing disability actually occurred on the job, or if it was related to issues outside your work. If you did not provide sufficient evidence and documentation of your partial hearing disability, including doctor's tests and reports, or if your doctor's report does not fully support your claim, it could be denied. Perhaps you did not notify your employer in a timely manner from the date your injury occurred, or maybe your paperwork was not filled out correctly or was incomplete--these are also reasons for denial of your benefits.
If you believe you are entitled to PPD benefits for your partial hearing disability, you should hire a seasoned worker's compensation attorney in the state where your injury occurred in order to obtain sound legal advice and have the very best chance of getting the disability benefits you deserve.
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