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  • Hearing loss claim denied.

    Hello Im new to the board. I do have a question.
    I have worked for BNSF in the KC Mechanical Dept. "Carman". for 6 yrs.
    I filed a non reportable hearing loss injury last oct. 09. I started noticing hearing loss and a ringing in my left ear. So I filed the report. I went to a ent, and had a hearing test done, and a mri to rule out a tumor. The ent doctor told me it was hearing loss at 4,000k. which is usually asociated with loud noises. So I file the report and claim. I have a copy of my hearing test with bnsf when I hired on and my last test with the railroad which was about 5 months. ago. And it clealy shows my hearing was perfect when I hired on and now is down 45db. at the 4000k. frequency. I have gotten nothing but the runaround with the claims agent. I talked to two attorneys here in KC. and neither one of them would take my case, they said there is not enough money involved to take it. One attorney said he would send a letter on my behalf to get them to settle. Well it didn't work, last week I got a letter from the claims agent saying I didn't meet the criteria for hearing loss, and they denied my claim. I am totally frustrated. I have loud tinnitus in my left ear, and can't hear out of it very good. It's hard to have a conversation with my family and they have to keep repeating things to me, and they get frustrated. Is there anything else I can do? Im totally at a loss and frustrated at how the railroad has treated me on this issue. Thanks for any advice... Lonnie

  • #2
    I hope our venerable FELA helpers weigh in, but in the mean time getting money out the railroad is like pulling teeth. It's painful, and it takes a while. But good luck.
    sigpic ΜΟΛΩΝ ΛΑΒΕ "Come and get them" Leonidas I to Xerxes, at Battle of Thermopylae

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    • #3
      Originally posted by bnsfcarman View Post
      Hello Im new to the board. I do have a question.
      I have worked for BNSF in the KC Mechanical Dept. "Carman". for 6 yrs.
      I filed a non reportable hearing loss injury last oct. 09. I started noticing hearing loss and a ringing in my left ear. So I filed the report. I went to a ent, and had a hearing test done, and a mri to rule out a tumor. The ent doctor told me it was hearing loss at 4,000k. which is usually asociated with loud noises. So I file the report and claim. I have a copy of my hearing test with bnsf when I hired on and my last test with the railroad which was about 5 months. ago. And it clealy shows my hearing was perfect when I hired on and now is down 45db. at the 4000k. frequency. I have gotten nothing but the runaround with the claims agent. I talked to two attorneys here in KC. and neither one of them would take my case, they said there is not enough money involved to take it. One attorney said he would send a letter on my behalf to get them to settle. Well it didn't work, last week I got a letter from the claims agent saying I didn't meet the criteria for hearing loss, and they denied my claim. I am totally frustrated. I have loud tinnitus in my left ear, and can't hear out of it very good. It's hard to have a conversation with my family and they have to keep repeating things to me, and they get frustrated. Is there anything else I can do? Im totally at a loss and frustrated at how the railroad has treated me on this issue. Thanks for any advice... Lonnie
      Dear Lonnie -

      We do not do hearing loss cases because the money spent proving the liability and damages can actually meet or exceed what the jury awards. I thought that as a prerequisite to becoming DLC, they had to agree to take a Union Member's claim but maybe I am wrong. Clearly you have an injury and clearly you were/are exposed to occupational hazards that would injure you. The claims agent's letter is so typical because they know the lawyer will not take the case so instead of treating you with respect and dignity and make an offer, they try to screw you.
      Steve Gordon
      Gordon, Elias & Seely, L.L.P.
      FELA Lawyer
      FELA Lawyer Blog
      Serving Injured Railroad Employees Nationwide
      Call for a FELA Lawyer 24/7/365
      800-773-6770

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      • #4
        I figured the only thing I can probably do now is, call human resources here in kc, and try to get ahold of ft. worth medical and claims down there, at our corporate and try to keep working up the ladder.

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        • #5
          Originally posted by bnsfcarman View Post
          I figured the only thing I can probably do now is, call human resources here in kc, and try to get ahold of ft. worth medical and claims down there, at our corporate and try to keep working up the ladder.
          Dear BNSFCarman222061-

          Do this: Order ALL your hearing records by way of a letter to each provider; enclose a signed HIPPA medical release.Once you get them make one complete copy for you. Call us at 800-773-6770 and we will help you word a demand letter.

          Dear Bradoplata- I am not sure where you are from, what you mean or who you are. But where I come from, workers deserve respect from their employer as without them.....they are nowhere.

          Steve
          Steve Gordon
          Gordon, Elias & Seely, L.L.P.
          FELA Lawyer
          FELA Lawyer Blog
          Serving Injured Railroad Employees Nationwide
          Call for a FELA Lawyer 24/7/365
          800-773-6770

          Comment


          • #6
            Thank you Fela Fella. Pm coming.

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