Legal Question in Military Law in Delaware
Hearing Loss
Does a person have the ability to sue the Marine Corp or the federal governemnt for damages to loss of hearing during training? I was told that the contract signed upon enlistment precludes legal action against the government. Is that true?
Lance Dicker
2 Answers from Attorneys
Re: Hearing Loss
No. You can't sue for a hearing loss suffered while you were on active duty.
Re: Hearing Loss
Your contract does not prevent you from being able to sue the military, however, federal case law (the Feres doctrine) does limit your rights to sue for any injuries that result from certain protected discretionary actions. The exception to this doctrine is gross negligence on the part of the military or one of its agents/employees. You cannot sue for acts that amount to simple negligence. Accordingly, you cannot sue the Marine Corps for last hearing unless you can show that it was the result of gross negligence.
If your hearing was damaged because someone held an explosive next to your head, or intentionally fired a weapon next to your ear, then you might have a case. Otherwise, you can file a claim with the Department of Veterans' Affairs (VA) for a service connected disability rating. VA compensation, if any, will depend upon the extent of hearing loss.
Best of luck.
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