Williamson & Williams - Seattle Law Firm

Williamson and Williams represents men and women with hearing loss claims arising out of their employment as engineers and oilers aboard the ferries of the Washington State Ferry System. Because engineers and oilers are "seamen", they have a right to bring a claim directly against their employer under maritime law. They do not have a right to workers compensation benefits because maritime workers are excluded, under Washington law, from the workers compensation system. The direct action against the employer is based on claims that the vessels are "unseaworthy". On behalf of our clients, we claim that the various vessels in the fleet have not been modified to reduce noise, and that the State has been negligent in its development and implementation of a hearing conservation program.

Hearing loss from noise exposure primarily affects hearing in the high frequency range. It can also cause ringing in the ears, which is called tinnitus. The hearing loss is caused by damage to structures in the inner ears caused by the pressure which stems from excessive noise. Sometimes a person can develop hearing loss from a single incident, for example if a gun is fired near the ear. Usually the loss is from prolonged exposure. Engineers and oilers work twelve hour shifts which may contribute to their loss.

Most claims for hearing loss that are occupationally related qualify for workers compensation either under the State of Washington's program or the worker may qualify for benefits pursuant to the Longshoremen and Harbor Workers Act. The latter group includes boiler makers in repair yards, welders, longshoremen, shipwrights and others involved in maritime work who are not members of the crew of a vessel.


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