Am I able to Sue over hearing loss from operating a ride even though they did a hearing impact test two years later?
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Am I able to Sue over hearing loss from operating a ride even though they did a hearing impact test two years later?
I oporated a ride for three or four years without
hearing protection and left the company. When
I came back they had done a hearing test and.
Determined that oporating the ride for more
than two hours can damage hearing. I came
back the second year after hearing protection
was required but the damage was already
done and I have trouble hearing some things.
Asked on October 8, 2018 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First, based on your timeline, it may be too late to sue: the statute of limitations, or time within which you must start a lawsuit for personal injury (including hearing loss) is 2 years in your state, per CO. statutes Section 13-80-102(a). That's two years from when the harm occured, which at the latest would be the last day you operated that ride. If you did not even get the hearing test for two years after you stopped working there, it is likely too late to file lawsuit.
Second, if you could sue, while you *may* be able to win, it's not guaranteed: the fact that you were injured does not guaranty compensation. You would have to show with medical testimony that the injury came from the operational noise; and you'd have to show with safety and/or amusement park ride experts that then-recommended practice was hearing protection for operators and the failure to provide same was negligent, or careless. So there are two different things you'd have to show with expert witnesses to prevail.
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