Workers Suffering From Occupational Noise-Induced Hearing Loss To Finally Be Compensated
After twelve years of litigating against the Murphy Oil Corporation in Chalmette, La., the Louisiana Supreme Court has denied Murphy Oil's final effort to deny six of its former employees compensation for occupational hearing loss caused at its Chalmette refinery. Most of the former employees worked at the refinery for more than 25 years and were unaware that they had developed hearing loss from their work at Murphy Oil.
Occupational hearing loss is a well-recognized danger in industries where workers are exposed to prolonged noise in excess of 85 dbs. Under federal law, companies like Murphy Oil are required to test workers' hearing, protect workers from hearing loss and notify workers of any hearing loss caused by its facility. Murphy Oil, however, did not follow the requirements and, the company's negligence left some of its former employees with hearing loss. These employees filed a lawsuit against Murphy Oil in 1999, and were represented by Baron and Budd and the Mumphrey Law Firm.
Murphy Oil appealed a 2010 ruling in favor of the workers to the Fourth Circuit Court of Appeals, claiming that the workers' sole remedy was to file a workers compensation claim, although claims for gradual hearing loss are not recognized under the Louisiana Workers Compensation Act. The Court of Appeals denied the claim, so Murphy Oil took the case all the way to the Louisiana Supreme Court. On Nov. 23, the Louisiana Supreme Court upheld the trial Court's findings, so now, after twelve years, these workers can finally be compensated for their hearing loss.
The plaintiffs were represented by J. Wayne Mumphrey of the Mumphrey Law Firm with offices in New Orleans, Chalmette and Slidell, La., and Bruce Steckler of Baron & Budd, P.C. with offices in Baton Rouge, La.
"Murphy Oil used every means possible to deny these workers compensation for their injuries," said lead trial counsel Wayne Mumphrey of the Mumphrey Law Firm. "Had they spent this much effort and energy complying with federal law as they did in defending these claims, these injuries would have been preventable."
Thousands of workers in Louisiana suffer from hearing loss as a result of excessive noise in their workplace. Noise-induced hearing loss has become somewhat of an epidemic in many industrial settings in Louisiana, although it is preventable.
"For all their hard work, these workers are now rewarded by having to wear hearing aids for the rest of their lives," said counsel for plaintiffs, Bruce Steckler, of Baron & Budd. "It's tragic given that this is a preventable injury."
The Mumphrey Law Firm and Baron and Budd have filed lawsuits against numerous refineries, paper mills and industries in Louisiana seeking compensation for workers who have lost their hearing due to the negligence of their employers.
About Baron & Budd, P.C.
The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, Austin, Los Angeles and Miami, is a nationally recognized law firm with a 30-year history of "Protecting What's Right" for people, communities and businesses harmed by negligence. Baron & Budd's size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the mesothelioma attorneys at Baron & Budd.
Contacts:
Baron & Budd
Susan Jones Knape, 214-629-0695
susan@susanknape.com