Factors Affecting Tinnitus Settlement Amounts in DBA Cases

Factors Affecting Tinnitus Settlement Amounts in DBA Cases

Oct 19, 2024 | Defense Base Act, Workers' Comp, Workplace Injury

As a civilian working near military operations, whether it’s based in the United States, or abroad, there is always great risk involved. This is why the Defense Base Act exists, to protect brave American civilians who become injured during their duties. 

One of the most common injuries that results from military work is tinnitus. Unfortunately, it’s an underestimated condition that can have a severe impact on your day-to-day life and ability to work. 

If you want to learn more about tinnitus lawsuit settlement amounts and how they’re calculated, just keep on reading.

Understanding Tinnitus and How It’s Caused

Tinnitus is a condition that causes sound/s in the ear that aren’t actually there. It’s the perception of sounds, without an auditory stimulus. For most people, tinnitus sounds like a constant ringing in your ears. However, it can also sound like soft whistling, loud whining, and more. 

The sound can also be intermittent or continuous, in one ear, or both, and can eventually lead to a loss of hearing. As a result of how tinnitus presents, it’s labeled ”hidden hearing loss”. In other words, it’s not often detected by a traditional hearing test. 

Tinnitus is not an imaginary condition, but a very real, serious issue that can cause an array of subsequent physical and mental health problems. Just some of these include:

  • Hearing loss
  • Sleep disorders
  • Anxiety and depression
  • Poor concentration/focus
  • Loss of balance and memory

But what causes tinnitus? Let’s take a closer look. 

  • Exposure to high levels of noise for extended periods of time, i.e. those who work in the military, near military operations, on production lines, automobile assembly, and in construction are at-risk
  • Brain and spinal injury, including mild TBIs, can cause tinnitus 
  • Random noise exposure for extended periods of time, i.e. train whistles, loud equipment, sirens, and firearms 

You can also develop late-onset tinnitus, caused by the type of posture you adopt after an accident.

For example, if you suffered whiplash in a car accident, you might develop a posture to protect your neck from pain. The muscle strain resulting from this posture can sometimes lead to tinnitus. 

In order to accurately receive a tinnitus diagnosis, you have to visit an ear, nose, and throat doctor (ENT). They specialize in these types of medical conditions and have all the appropriate testing equipment needed to diagnose your condition correctly. 

Tinnitus Lawsuit Settlement Amounts: How They’re Calculated

If you’re a civilian living with tinnitus after spending time serving your country and working near military operations, the Defense Base Act is here for you

You might be wondering about tinnitus lawsuit compensation or DBA tinnitus lawsuit settlements. There are several factors in lawsuit payouts to consider. Here’s what you need to know: 

  • It’s difficult to accurately determine exact DBA settlement amounts for each case
  • The settlement amount you could receive depends on the nature and extent of your injury. This also determines how long you could receive benefits for 
  • It’s super important to find an attorney who specializes in DBA cases and understands all the factors in lawsuit payouts 

Tinnitus claim elements and settlement/wage amounts are calculated based on the category of your injury. The four main categories include: 

1. Permanent Total Disability

As the name suggests, you are left with a permanent disability rendering you completely unable to do the job you previously did. As well as any other lighter work, related to your previous job. 

A permanent disability is classed as an injury that has stabilized at a maximum recovery level. 

DBA benefits cover two-thirds of your average weekly wage. This amount usually lasts for the full extent of your disability (in this case, a lifetime). What’s more, your benefit will be periodically adjusted according to the cost of living. 

2. Temporary Total Disability

During this scenario, you might be left with a total disability that prevents you from doing any work, but it’s not permanent. It’s a total disability for a certain period of time, until you make a recovery. 

This temporary disability might prevent you from doing any lighter work related to your previous job, too. 

The DBA benefits are the same as the above – two-thirds of your average weekly wage for the duration of your disability. In this case, the duration is a fixed period of time

3. Permanent Partial Disability

In this case, your injury might have stabilized at a maximum recovery level and allow you to return to your work. However, it might not be the same level of work, or you cannot perform the job completely

This is classed as a permanent partial disability. This type of disability receives benefits under Longshore and Harbor Workers’ Compensation Act schedule. 

Your class of injury must fall within the schedule in order to receive compensation. If it doesn’t, you will receive two-thirds of your average weekly wage that represents the difference between your current wages and pre-injury wages. 

4. Temporary Partial Disability

You might have an injury that prevents you from fully doing your job while you heal, but you can still do lighter work in the meantime

In this case, you could receive temporary partial disability benefits. These benefits cover two-thirds of your average weekly wage, that represents the difference between your current wages and pre-injury wages. 

This benefit is for a fixed period of time until you are fully healed

Defense Base Act Medical Benefits: What to Know

Under the Defense Base Act, you can rest assured all of your medical bills related to your injury are covered. These medical costs include initial treatment and all ongoing treatments in the future. 

These are the types of medical expenses the DBA typically covers: 

  • The use of emergency services 
  • Hospitalization costs 
  • Surgeries
  • Testing and diagnostics
  • Transportation 
  • Physical and occupational therapy 
  • Vocational therapy 
  • Counseling 

However, all of the above does depend on the type of injury you have sustained and the category it falls under. An experienced DBA attorney will help you claim for the medical compensation you rightfully deserve with the best lawsuit settlement strategies. 

Looking for a Defense Base Act Lawyer You Can Count On? 

If you’ve been injured during your duties and require expert representation, Barnes Law Firm is one of the nation’s top defense base act lawyers you can trust. 

We take great pride in representing and protecting civilians injured during active service, making sure the legal system works in your favor. 

If you want to learn more about what to expect from tinnitus lawsuit settlement amountsget in touch with our team today.