Working overseas under a federal contract can expose you to noise that affects your hearing long after the assignment ends. Aircraft and heavy equipment can subject you to repetitive exposure, as can weapons fire and generators. For a contractor, the hearing loss may develop gradually rather than after one identifiable incident. A South Carolina Defense Base Act hearing loss claim may provide benefits if there is a connection between your condition and covered employment.
Federal law, not a state’s workers’ compensation program, governs a Defense Base Act claim. At Schechter, Shaffer & Harris, we could help you understand which evidence may matter, as these claims depend heavily on medical proof and the circumstances of your overseas work. Our attorneys have experience with injured contractors who need clear guidance under this federal system.
Federal Protection for Work-Related Hearing Loss
The Defense Base Act, 42 U.S.C. § 1651, extends the benefits system of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 to civilian employees working overseas under U.S. government contracts or on military bases.
This is a federal workers’ compensation system, not a personal injury lawsuit, so you generally do not have to prove that your employer’s negligence is the cause of your hearing damage. The U.S. Department of Labor’s Office of Workers’ Compensation Programs handles claims and disputes.
A key issue for your South Carolina claim under the Defense Base Act is determining whether there is a connection between your hearing damage and the covered employment. Because noise exposure may occur over months or years, your employment records and a careful medical evaluation could be significant if there are disputes over the cause or extent of the loss.
Why Does an Audiogram Matter in a Hearing Loss Claim?
Documenting hearing loss differs from an injury, which can have records on the basis of a visible wound or a single image. Noise-induced damage can develop slowly, and you may first notice difficulty understanding speech in noisy settings. Tinnitus may also accompany the impairment.
Your audiogram is central evidence for your South Carolina claim because it measures the degree of your hearing loss and provides the foundation for evaluating benefits under the Defense Base Act. Its timing and reliability may become important if your employer or an insurer questions the connection between your condition and covered work.
Your work history also provides context for the audiogram because evidence of your repetitive exposure to aircraft or heavy machinery could help explain how your impairment developed and support occupational causation.
The Scheduled Benefit for Permanent Hearing Impairment
The Longshore Act specifically addresses permanent hearing loss in its schedule of disability benefits. Under 33 U.S.C. § 908(c)(13), a qualifying hearing impairment may result in a scheduled permanent partial disability award.
A scheduled award differs from a negligence-based damages claim because the statute defines a method for compensating for permanent hearing impairment, with the degree of loss determined through audiometric testing. The audiogram therefore does more than confirm that a problem exists; it helps determine the extent of your hearing impairment, which is used in calculating the scheduled benefit in your Defense Base Act case.
Disagreements may arise over the validity of testing or the connection between your employment and hearing damage. Careful development of the medical and employment evidence could help address those issues through the federal claims process.
Contact Our Attorneys To File a Defense Base Act Claim in South Carolina for Your Hearing Impairment
Hearing damage from overseas contract work may affect communication and your ability to continue certain types of employment. If your hearing loss developed gradually, you may also be uncertain about whether federal benefits are available or what evidence you need.
At Schechter, Shaffer & Harris, our team could help you evaluate a South Carolina Defense Base Act hearing loss claim and understand the purpose of your audiogram in the process. Contact us to review your circumstances and learn how we could help you move forward.
