Title: Understanding New Mexico Complaints Against Railroads by Employees for Hearing Loss Introduction: New Mexico has specific regulations in place to protect employees who suffer from hearing loss due to their work in the railroad industry. In instances where railroad workers experience hearing loss and believe it is the result of their working conditions, they can file a complaint against the railroad company. This article provides a comprehensive overview of New Mexico complaints against railroads by employees for hearing loss, including the types of complaints and the relevant procedures. Types of New Mexico Complaints against Railroads by Employees for Hearing Loss: 1. Occupational Noise-Induced Hearing Loss (OIL) Complaints: Occupational noise-induced hearing loss occurs when employees experience a gradual, irreversible hearing loss over time due to prolonged exposure to hazardous noise levels in the workplace, such as railroad yards, locomotives, or maintenance facilities. Employees suffering from OIL can file complaints against railroads, seeking compensation for their condition. 2. Lack of Personal Protective Equipment (PPE) Complaints: Employees may raise complaints against railroads for failing to provide or enforce the use of appropriate personal protective equipment (PPE), such as earplugs or earmuffs. If the railroad company is found responsible for not adequately protecting its employees from excessive noise, resulting in hearing loss, employees can seek compensation for damages. 3. Whistleblower Complaints: In cases where employees experience retaliation or adverse employment actions after reporting their hearing loss to the railroad company or raising concerns about unsafe working conditions and noise exposure levels, they can file whistleblower complaints. These complaints focus on the unlawful retaliation suffered by employees as a result of their attempts to exercise their rights regarding hearing loss. Procedure for Filing a Complaint: 1. Gathering Evidence: Employees filing a complaint must gather relevant evidence, including medical records, audio grams, witness statements, and any documentation highlighting unsafe noise levels or inadequate protective measures. 2. Contacting the Responsible Authority: Employees should reach out to the New Mexico Occupational Health and Safety Bureau, a division of the New Mexico Environment Department, to file a complaint. 3. Filing the Complaint: The employee must complete the necessary paperwork provided by the New Mexico Occupational Health and Safety Bureau, detailing the nature of the complaint, supporting evidence, and requested compensation. 4. Investigation and Evaluation: Upon receiving the complaint, the Occupational Health and Safety Bureau will initiate an investigation, evaluating the evidence provided, conducting interviews, inspecting work sites, and assessing compliance with safety regulations. 5. Remedial Actions and Legal Proceedings: If the investigation substantiates the employee's claims, the responsible authorities may recommend remedial actions, such as improved safety measures or compensation for the claimant. In some cases, employees may need to pursue legal proceedings to obtain adequate compensation for their hearing loss. Conclusion: New Mexico provides avenues for employees working in the railroad industry, who have suffered from hearing loss or related issues due to their work environment, to file complaints against railroad companies. By understanding the various types of complaints and the proper procedures involved, employees can take necessary action to protect their rights and seek compensation for any hearing loss caused during their employment.
New Mexico Complaint against Railroad by Employee for Hearing Loss
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An employee is considered to be occupationally disabled if a physical and/or mental impairment prevents the employee from performing the duties of his or her regular railroad occupation, even though the employee may be able to perform other kinds of work.
Under the Equality Act 2010, people who are deaf or have a hearing loss might be defined as disabled. This act is in place to make sure that disabled people have equal access and opportunity without discrimination.
Legal Definitions of Hearing Loss as a Disability If you have hearing loss you qualify as disabled if have: An average air conduction hearing threshold of 90 decibels or more in the good ear.
Some railroad workers still lose their ability to hear as a result of working at the railroad. However, the claims are difficult to prosecute given semi-annual hearing tests and attempts to provide ear plugs. If you have a recent audiogram contact us and we will evaluate the potential value of your hearing loss claim.
To receive an occupational disability annuity, you must: have a current connection with the railroad industry, and; have 240 months of creditable railroad service, or have 120 months of creditable railroad service and be at least age 60, and; be "permanently disabled" for work in your "regular railroad occupation".