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Manufacturer employing temp worker prior to establish a baseline hearing tests
#1
I did a little research on this and couldn't find anything but I'm pretty sure that a particular company in question knew what they were doing when they did this. This was calculated to avoid future workman's comp claims.

For an approximate six-month. From approximately September of 2000 until February of 2001, I had an assignment for a large can Manufacturing company through a temporary agency. How it worked was that I was looking for a job and the word of mouth understood that this particular employee paid very well and better than most other manufacturing companies.

My previous long-term job have been as a delivery driver and having relocated, this appeared to be the only job that paid comprable to what I was being paid so I went down to the local office of this large company and ask to apply for a job. I was referred to the temporary agency they use and told that all hiring was done with a temporary agency. I later found out that veterans were directly hired and all others had to go through the temporary agency. That's not to say that somebody knew somebody might be able to circumvent the whole process.

So here's what happened. I went to the temporary agency one morning and even though I was coming down with some horrible cold flu went ahead and filled out an application and told them that I wanted to work for this particular company as that's what the tempany said to do. I figured that I'd be put on a list by the order of the application received and that I wouldn't get a call back regarding this particular position immediately but offered other assignments of the time being. I had no career manufacturing experience, just my life experience using hand tools in the likes.

To my complete and utter surprise, I received a call around 3 or 4 in the afternoon from the temporary company wanting to assign me to this particular company and requesting that I start at 6 that evening for a 12 hour shift.

At this point in the day, I almost said no because I was really feeling sick and had little sleep the night before so I was concerned about working a 12-hour graveyard shift in my condition. This seemed like an opportunity that I had to jump on at the risk of not getting another offer so I bit the bullet and showed up.

Upon arriving at the facility, I was directed towards the supervisor in charge and they handed me I protection and some foam hearing plugs. I was sent to the floor to observe somebody in the process of bagging can ends. Within 15 minutes, I was then assigned to take that position. It was somewhat of a disaster because it's high speed production and I had to back those hands as fast as they were coming off the machine so I blew a bunch of bags to the point they had to shut the machine down. Fast forward to the end of the shift, they told me what time I need to come back for the next shift which was again 6 in the evening working till 6 in the morning. I actually questioned it because I thought it was such a poor job that they wouldn't want me to come back.

Fortunately at this time because I needed the income but looking back I would call it more of a misfortune, this assignment continued for approximately 6 months working 4 day on 4 day off 12 hour shifts on a monthly rotating schedule of days and nights. The environment was often very hot and the work was very physical. You had to bag these ends as fast as they came off the machine and there are often times that you bumped your hearing protection and had to refit it as best as you could to keep the machine running until inopportune time to properly adjust hearing protection. It was incredibly noisy when the hearing protection didn't fit properly but you didn't dare shut the machine down to correct it if you ever wanted to get hired on full-time at the pay that attracted you to the job to begin with.

At the end of that 6 months, I was told that my assignment was over but if I wanted to get hired on with that company, I would have to go through the actual hiring process of filling out the company's application and allowing the background check. I went ahead and did it and about three weeks later, I got called in for an interview like they had never met me before. At that point I was hired and at some point within the first month, I was giving a baseline hearing test in which they noted that I had mild to moderate hearing loss. I was approximately 35 years old at the time and had had absolutely perfect hearing prior to walking into that facility as a temporary employee. I was shocked but hadn't realized what actually had happened, how it happened, the company's involvement and how this would impact me in the future. Because I needed this well paying steady job and hadn't realized how it was affecting my hearing, I continued to work for this company for the next five years. Through the course of those five years, I had other hearing tests but my hearing loss even though had worsened, was within the parameters acceptable to to my age and my outside work interests. They ask you questions about your hobbies and interests and if you say anything that has to do with loud noises, that's Works to their advantage..

I have had fatigue and concentration issues along with depression that initially began shortly after I started working for the temp company and had escalated over the course of my employment there. I feel that the hearing loss alone is responsible for all of my symptoms.

Without naming the company I believe was responsible only because I don't know if that's allowed or if it would give them a heads up on potential litigation, I thought I'd ask a couple of questions after I State my theory.

I believe this company knew exactly what they were doing and intentionally uses this employment procedure to avoid liability in regards to workman's comp and I believe that someone in OSHA probably knew they were doing this but is compensated to look the other way.

In my case, they intentionally hired me to the temp agency assuming that I probably had near-perfect hearing and that could possibly have come from my work history information. They then utilized this method of hiring through the temp agency as protection from liability knowing full well that anybody with perfect hearing would most likely have hearing loss within this 6-month temporary assignment. This allows them to hire an employee as a new hire and give them a baseline hearing test after their hearing is already damaged.

I already assumed the statute of limitations has expired in regards to filing a workman's comp claim and even so, it would be difficult to prove but I'm wondering if it is possible to find out if other employees who you're hired in this manner have the same hearing loss. I did some free free search to see if there was anything in Google regarding such claims.

I'm also wondering if it would do any good to forward an inquiry to OSHA to see if there have been other claims or if the company has changed their hiring practices because someone has figured them out.

Most if not all insurance does not cover hearing aids yet hearing loss like this is responsible for creating other Medical and psychiatric conditions.

I'm also wondering if any lawyer in their right mind what consider a case like this based on one person's observation and experience.

I was never really concerned about going after pain and suffering or other civil damages, it would just be nice if that company was fully responsible for all medical related expenses including all future hearing aids related to the hearing loss.

Sorry if this was too long of a post but my rambling is a side effect of a side effect of the hearing loss, concentration and articulation difficulties.
 
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#2
you are correct: your post is way too long to wade thru. your best bet would be start contacting attys.
you will probably have to go thru a few before finding any interest.
If you are not competent to understand your rights or make a decision about your claim/condition you may need to have a guardian appointed to seek benefits on your behalf. this will likely require a supporting physician's opinion about your mental capacity and judgement.
if you read a few more posts on this board or use the search feature, it may help you re-post a more readable and concise statement of your questions.
it should be limited to workers compensation issues and include your state.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
The corporation is headquartered in Colorado however this particular facility is located in Arkansas.

(08-25-2018, 08:56 PM)1171 Wrote: you are correct: your post is way too long to wade thru. your best bet would be start contacting attys.
you will probably have to go thru a few before finding any interest.
If you are not competent to understand your rights or make a decision about your claim/condition you may need to have a guardian appointed to seek benefits on your behalf. this will likely require a supporting physician's opinion about your mental capacity and judgement.
if you read a few more posts on this board or use the search feature, it may help you re-post a more readable and concise statement of your questions.
it should be limited to workers compensation issues and include your state.
 
Reply
#4
By the way, I try to be as thorough as possible when explaining things so that most questions have already been addressed.
My haven't listed the state because I was trying to not indicate where the facility might be. I certainly don't want to show my cards in advance on the off-chance someone from the corporation browse is these forums and I wouldn't put it past this Corporation
 
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#5
Try here
http://www.awcc.state.ar.us/employeebasicfacts.html

https://www.avvo.com/search/lawyer_searc...c=Arkansas
Or
https://attorneyinfo.aoc.arkansas.gov/in...earch.aspx

All good reasons From your perspective.
Maybe I’m wrong and you’ll get some other helpful information.
Thankx for posting.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#6
Having given this some thought, I realize that what I post can be wordy but that's part of the problem, one might consider it a side effect. It actually takes far more time for me to post then it would take one to "wade" through it.
Evidently, many people expect others to be concise and well-articulated.
For those that have that expectation, either lower your expectation or don't bother chiming in.
If I could articulate better I would but as it is, I'm lucky enough to express my thoughts at all.
 
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#7
4 sentences is good start.
i want you to have the best chance at getting a helpful response.
new posters often need pointers from those more experienced on using a public message board; but message board is not very good for everyone or every issue.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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