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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4471
Experience:  Exclusively practice labor and employment law.
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I am a nurse on call for a home care company. At the end of

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I am a nurse on call for a home care company. At the end of August I answered an after hours call and it was a fax machine. Then there was an awful screeching sound in the phone which blew out my hearing. MD testing has stated "severe asymetrical hearing loss" Do I just call this an accident and move on?? Seems a bit unfair.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your injury.


Frankly at this point you should file a workers compensation claim with your employer. You'll have to show the injury occurred in the course of and as a natural consequence of your employment. You have a good argument that answering the phone in this particular instance fits the description of a compensable injury.


Further an employer cannot discriminate against your for filing a workers comp claim. Also, if the claim is disputed by the insurance provider, you can and should retain an attorney to appeal the denial. In short I do not see any downside to your filing a claim at this'd have nothing to lose. So you should report the injury to the employer and ask that they open a workers comp claim for the injury. Then take the process from there.




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