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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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