Some work tasks involve loud volumes and concussive forces. While ear protection is important, workers in these jobs could still face hearing loss.
Work-related hearing loss is covered under Workers’ Comp and is even explicitly listed as an injury that can get you additional “specific loss” benefits. As long as the hearing loss results from work conditions or work-related tasks, you can get benefits. This is true for both acute, accidental injuries and hearing loss over time.
For a free review of your Workers’ Comp claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Is Hearing Loss Covered Under Workers’ Compensation?
If your work causes an injury, it is usually covered. This is true whether the injury happens in one accident or over time from work conditions. Hearing loss is covered this same way.
Permanence
Benefits are only issued for permanent hearing loss.
Work-Relatedness
For a hearing loss claim, you need to prove the injury was work-related. This is sufficient to get you medical benefits plus “specific loss” benefits. You do not need to be disabled by the hearing loss to get specific loss benefits.
Disability
If you can show your injury keeps you from working, you can also receive wage-loss benefits to cover around 2/3 of your average pre-injury wage, subject to caps and floors, or 2/3 of the difference in pre- and post-injury wages.
Types of Hearing Loss Covered
Hearing loss can happen in a few different ways, all of which should be covered:
- Serious ear injuries
- Brain injuries/head injuries
- Acoustic trauma (e.g., exposure to sudden, very loud noises or explosions)
- Long-term exposure to “hazardous occupational noise” (e.g., frequent exposure to loud machinery or engine noises).
Percentage of Hearing Loss Covered
10% hearing loss in both ears is needed before you can get benefits for hearing loss. If you only have loss in one ear, then it needs to constitute at least 10% of the total hearing loss (when you take both ears into account).
If your loss in either or both ears is 75% or higher, it is treated as “total and complete” hearing loss for the affected ear(s).
Continued Hearing Loss
Exposure to dangerous noise can continue to reduce your hearing ability over time. Because of this, some workers make claims for hearing loss, then lose more hearing ability.
Every time your hearing gets worse by another 10% loss, you can get additional benefits. You max out at “total loss” once you hit at least 75% loss.
Filing a Claim for Hearing Loss at Work
Workers’ Comp Claims for hearing loss follow a similar pattern to other Work Comp claims our Pennsylvania Workers’ Comp lawyers can help you file:
- You get medical care to treat the injury
- You file notice of injury with your employer
- Employer notifies Workers’ Comp carrier
- Your initial claim is denied
- You file a Claim Petition
- The case goes to a hearing before a Workers’ Comp Judge
- The judge decides the case or the parties settle.
One step specifically for hearing loss is that you must be examined by an audiologist to determine the percentage of hearing loss you face.
Calculating Specific Loss Benefits for Occupational Hearing Loss
When you make a Workers’ Comp claim with permanent injuries, amputation, lost function, facial scars, lost vision, or lost hearing, you can get “specific loss” benefits.
Amount
These benefits usually equal 2/3 of your average pre-injury wage. They are subject to a cap at the statewide average weekly wage, set by law each year, and a floor at half that amount.
Duration
Most of these injuries have a listed number of weeks for each injury. The hearing loss benefit is instead calculated based on your percentage of hearing loss.
For hearing loss in one ear, the maximum is 60 weeks. Your duration of benefits equals the percentage of hearing loss times 60.
For loss in both ears, the maximum is 260 weeks. Your duration equals the binaural (both year) hearing loss percentage times 260.
In either case, if you have hearing loss of 75% or more, you are presumed to have total impairment and get the maximum.
Timing
These payments usually begin after your wage-loss benefits end.
Acute Hearing Loss vs. Long-Term Exposure
The Workers’ Comp Act sometimes differentiates between acute injuries and loss of hearing over time.
Acute Injury
When you suffer any acute injury at work, you usually have 3 years from the date of injury to file your Claim Petition and take your Workers’ Comp case before a Workers’ Comp Judge. This is the same with hearing loss.
When you get specific loss benefits, they last for a number of weeks equal to the percentage of hearing loss times 60 for loss in one ear and times 260 for loss in both ears.
Loss Over Time
When your work conditions cause hearing loss over time, it is harder to pinpoint the date of injury. Instead, you get 3 years to file from the last date of exposure to “hazardous occupational noise.”
When you get specific loss benefits, they last for a number of weeks equal to the binaural (both ear) hearing impairment times 260.
FAQs for Work-Related Hearing Loss
Can I Sue for Hearing Loss at Work?
You usually cannot sue your employer for work-related injuries, but you can sue third parties. This might let you sue the manufacturer of defective ear protection, for example.
Is Hearing Loss a Disability?
Your hearing loss might not stop you from being able to work. You can claim medical benefits and specific loss benefits for occupational hearing loss even if the loss doesn’t “disable” you in the sense that it stops you from working.
Even so, it may count as a “disability” when it comes to reasonable accommodations you can demand at work.
How Much is My Hearing Loss Case Worth?
Specific loss benefits for hearing loss usually equal 2/3 of your lost wages (subject to caps and floors) paid for a number of weeks depending on your percentage of hearing loss. For loss in one ear, it’s the percent loss times 60; for both ears, it’s the percent loss time 260. Hearing loss of 75% or more counts as total loss (for the full 60 or 260 weeks).
Medical bills and wage-loss benefits might increase the total payout.
Do I Need a Lawyer?
You should always work with a lawyer when filing a Workers’ Comp claim and have a lawyer review your settlement before accepting anything.
Can I File Another Claim for Worsened Hearing?
If your hearing continues to degrade over time at work, you can get additional specific loss benefits without needing a new claim. Every additional 10% impairment you face gets you more benefits. Once you reach 75% or greater impairment, you receive the remainder of the maximum benefit duration (60 weeks for one ear and 260 weeks for both ears).
When Can I Return to Work After Hearing Loss?
Your job tasks and how well you can navigate work tasks with your reduced hearing will dictate when you go back to work. There is no recognized “healing period” for hearing loss injuries.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Contact Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945.
