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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