New Mexico Complaint against Railroad by Employee for Hearing Loss

State:
Multi-State
Control #:
US-01614
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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  • Preview Complaint against Railroad by Employee for Hearing Loss
  • Preview Complaint against Railroad by Employee for Hearing Loss

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FAQ

An employee is considered to be occupationally disabled if a physical and/or mental impairment prevents the employee from performing the duties of his or her regular railroad occupation, even though the employee may be able to perform other kinds of work.

Under the Equality Act 2010, people who are deaf or have a hearing loss might be defined as disabled. This act is in place to make sure that disabled people have equal access and opportunity without discrimination.

Legal Definitions of Hearing Loss as a Disability If you have hearing loss you qualify as disabled if have: An average air conduction hearing threshold of 90 decibels or more in the good ear.

Some railroad workers still lose their ability to hear as a result of working at the railroad. However, the claims are difficult to prosecute given semi-annual hearing tests and attempts to provide ear plugs. If you have a recent audiogram contact us and we will evaluate the potential value of your hearing loss claim.

To receive an occupational disability annuity, you must: have a current connection with the railroad industry, and; have 240 months of creditable railroad service, or have 120 months of creditable railroad service and be at least age 60, and; be "permanently disabled" for work in your "regular railroad occupation".

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New Mexico Complaint against Railroad by Employee for Hearing Loss