Hearing Loss Injuries

Suffered Hearing Loss at Work? Work with an Experienced Attorney

Hearing loss is one of the most common occupational hazards for American workers. According to the Centers for Disease Control and Prevention, about 25% of all workers have been exposed to hazardous noise, while about 12% have some form of hearing difficulty. While some hearing loss is inevitable due to aging, work-related hearing loss is much more worrisome, as it can affect its sufferers’ ability to earn a living if it becomes severe enough. But workers’ compensation claims for hearing loss are more complex than those for other types of injuries, which is why you should speak to a Long Island workers’ comp lawyer if you are considering filing a claim.

How Hearing Loss Occurs

Hearing loss can occur gradually over time (occupational hearing loss) or suddenly (traumatic hearing loss). While the most common symptom of hearing loss is difficulty hearing, sufferers may also notice a variety of other symptoms, including ringing in the ears (tinnitus), balance problems or dizziness, and a feeling of fullness or pressure in the ears.

The following are examples of both occupational and traumatic hearing loss:

Occupational Hearing Loss

• Prolonged exposure to loud noises: Exposure to loud noise over time damages the tiny hairs and nerve fibers that translate sound vibrations into electrical signals for the brain. Once destroyed, they do not regenerate.
• Exposure to ototoxic substances: Certain chemicals used in manufacturing, printing, and painting, known as “ototoxins,” can damage the inner ear and auditory nerves.

Traumatic Hearing Loss

• Acoustic trauma: A single loud noise — like an explosion, gunfire, or machine malfunction — can rupture the eardrum.
• Barotrauma: Sudden and extreme changes in air or water pressure can injure the middle and inner ear.
• Physical injuries: Falls, blows to the head, and being struck by falling objects can damage the structures inside the ear, leading to temporary or permanent hearing loss.

Professions at Risk of Occupational Hearing Loss

Generally, workers in any profession that involves consistent exposure to noise of over 85 decibels is at risk of suffering occupational hearing loss, especially without the use of safety equipment. A few examples include:

• Construction: Exposure to jackhammers, drills, bulldozers, and blasts from demolition work
• Manufacturing: Exposure to noise from assembly lines, stamping machines, and textile equipment
• Transportation: Exposure to engines, horns, and loading equipment
• Military and law enforcement: Exposure to gunfire, explosions, and high-decibel machinery
• Aviation: Exposure to jet engine noise
• Entertainment: Exposure to amplifiers, speakers, and pyrotechnics
• Mining, oil, and gas: Exposure to noise from drilling, blasting, and excavation equipment, as well as barotrauma
• Agriculture: Exposure to noise from tractors, combines, and chainsaws

Regardless of what industry you work in, if your hearing loss is work-related, our Long Island workers’ comp lawyers can help you start a claim.

Is Hearing Loss Covered by Workers’ Compensation?

Hearing loss is covered by workers’ compensation, but occupational diseases — including occupational hearing loss — are a little different from other claims. That’s because hearing loss usually develops gradually over time, making it more difficult to pinpoint when the injury occurred and whether it is directly linked to the sufferer’s work. The timing for hearing loss-based workers’ compensation claims is also a little different. If you lose your hearing due to your occupation, you may file a claim either (1) three months from the date you were removed from the harmful noise in the workplace (e.g., by wearing hearing protection) or (2) three months after leaving the employment in which the exposure to the harmful noise occurred. The last day of these periods is considered the date your disability began. From that time, you then have the standard two years to file your Employee Claim Form with the New York State Workers’ Compensation Board.

Workers’ Compensation Benefits for Hearing Loss

Workers suffering from work-related hearing loss are entitled to workers’ compensation benefits in the form of medical and cash benefits. Medical benefits cover all costs of necessary medical care, including doctor appointments, diagnostics, follow-up visits, prescription drugs, and medical devices, among others. Cash benefits are designed to replace a portion of your wages while you recover from your injury and are equal to two-thirds of your average weekly wage multiplied by the percentage of your disability. For example, if your average weekly wage is $950 and you have lost 60% of your hearing, your weekly cash benefit would be about $380.

Hearing loss may also entitle a claimant to a schedule loss of use award — a payment designed to compensate injured workers even after they have achieved maximum medical improvement. For more information about schedule loss of use awards, contact a Long Island workers’ comp lawyer.

Why You Should Hire an Attorney for Your Claim

There is no requirement to hire a lawyer to handle your workers’ compensation, but you should strongly consider it anyway. As we mentioned above, workers’ compensation claims for hearing loss are often much more difficult than others because it can be challenging to prove that the claimant’s hearing loss is work-related and not due to aging, hobbies, or other outside factors. Workers’ compensation insurance companies often take advantage of this challenge to deny hearing loss claims as pre-existing conditions.

Furthermore, the workers’ compensation board requires extensive documentation that a claimant’s hearing loss is indeed work-related, which can require extensive investigation and evidence, including audiograms, workplace noise exposure evidence, and expert testimony. It’s not impossible to succeed on a hearing loss workers’ compensation claim on your own, but you can significantly boost your chances by trusting your claim to the capable hands of an experienced attorney.

Trust Your Claim to an Experienced Workers’ Compensation Lawyer

If you’re planning on claiming workers’ compensation benefits for hearing loss, you’ve got several hurdles to overcome. However, they are not insurmountable. The best way to obtain the benefits to which you are entitled is to work with an experienced attorney. To get started, please contact a Long Island workers’ compensation lawyer at Turley, Redmond & Rosasco by using our online form or calling 516-745-5666 (Garden City), 631-582-3700 (Ronkonkoma).