- 10
- June
2010
Black's Law Dictionary defines workers' compensation as "a system of providing benefits to an employee for injuries occurring in the scope of employment." If an injury occurs on-the-job, the employer is generally held liable and its insurance company must pay workers' compensation benefits for medical treatment, rehabilitation, and wage loss, among other things. In turn, the employee cannot sue in court for personal injury damages. The system is intended to provide some measure of stability for both employees and employers.
In the interesting case of Zahm v. National Fuel, former employee Linda Zahm claimed that she suffered hearing loss as the result of being on the phone with loud and abrasive customers. At first she won, but National Fuel appealed.
In overruling the workers' compensation board, the Appellate Division of the Supreme Court of New York found that:
- Zahm was not constantly on the phone with irate customers, such that there would be a continuous high level of noise in her ears
- Even if she had been on the phone constantly, using the phone generally does not result in noise great enough to cause hearing loss
In other words, Zahm's hearing loss was not the result of handling customer phone calls.
Hearing loss in the workplace is not necessarily an uncommon occurrence; it does happen in industrial, manufacturing and construction jobs where the employee is exposed to loud and constant noise from heavy machinery and other devices.
However, this is not to say that an injured person could never triumph in a case such as this. Had Zahm provided sufficient medical evidence demonstrating that her hearing loss was a result of talking on the phone to irate customers, she may have prevailed.
If you've been injured at work, contact an experienced workers' compensation attorney.
