Texas Complaint against Railroad by Employee for Hearing Loss
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How to fill out Complaint Against Railroad By Employee For Hearing Loss?
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FAQ
Laying track and living in and among the railroad construction camps was often very difficult. Railroad construction crews were not only subjected to extreme weather conditions, they had to lay tracks across and through many natural geographical features, including rivers, canyons, mountains, and desert.
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.
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.
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.
Railroad Workers Were Unhappy Employees often worked 10, 12 and even 16 hours a day. Sometimes they did not receive extra pay for the extra hours they worked. Conditions on the job were often very dangerous. Workers joined together to improve their poor working conditions and increase their salaries.
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.
For VAC purposes,a hearing loss disability exists when there is a Decibel Sum Hearing Loss (DSHL) of 100 dB or greater at frequencies of 500,1000, 2000 and 3000 Hz in either ear, or 50 dB or more in both ears at 4000 Hz.
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".
'Disabling' hearing loss refers to hearing loss greater than 35 decibels (dB) in the better hearing ear. Nearly 80% of people with disabling hearing loss live in low- and middle-income countries.