According to the Centers for Disease Control and Prevention (CDC), work-related hearing loss is one of the most common occupational illnesses. If you suffered total or partial hearing loss because of your job, you might be entitled to workers’ compensation benefits. Hearing loss could leave you unable to work, make many activities more challenging, and cost you thousands in medical expenses. While hearing aids may provide a degree of relief depending on your condition, hearing loss is usually irreversible. The life-long nature of the ailment makes the medical and disability benefits provided by workers’ compensation all the more critical.
The Pennsylvania workers’ compensation lawyers at Calhoon & Kaminsky P.C. want to help if your job caused you to lose your hearing. Our hearing loss workers’ compensation lawyers have more than 20 years of experience assisting injured workers through the claims process. With our help, our clients have received more than $220 million in compensation to date.
We know the importance of your hearing loss workers’ comp claim and want to aggressively protect your rights. Call us today or visit our contact page for a free consultation.
What Are the Main Causes of Work-Related Hearing Loss?
The three leading causes of work-related hearing loss in Pennsylvania are:
- Exposure to loud noises— The CDC states that hearing loss can result from extended exposure to noise over 85 decibels, or roughly the volume of heavy traffic or power tools. The damage from the noise depends on how loud it is and how much time you spend near it.
- Exposure to dangerous chemicals— Certain chemicals can directly damage the ear or make you more susceptible to hearing loss. Many employees who work around these chemicals do not realize the potential danger until they begin to lose their hearing.
- Trauma to the ear or head— A hard blow to the ear or head can damage parts of the ear or nerves responsible for processing sound waves.
What Challenges Do People with Hearing Loss Face?
Losing hearing itself is not the only negative consequence of hearing loss. Some of the potential complications from occupational hearing loss include the following:
- Social isolation— People who cannot hear what is happening around them often have trouble in social situations, leading them to become more isolated.
- Depression — Hearing loss can significantly impact the sufferer’s quality of life, leading to depression and other mood disorders.
- Being unable to participate in certain activities— Hearing is crucial to many everyday activities. Loss of this sense can prevent people from enjoying these activities.
- Reduced earning potential— An inability to hear other people’s words or follow instructions can impact how well a worker does their job. In turn, this can affect their ability to earn a living.
What Safety Measures Should Companies Have to Keep Their Workplaces Safe?
The CDC has several recommendations for employers to prevent job-related hearing loss. Some of these safety measures include:
- Conducting safety checks to determine workplace noise levels
- Providing ear protection to employees who work in loud areas or around noisy equipment
- Providing protection from potentially dangerous chemicals that can cause or worsen hearing loss
- Showing workers how to correctly use foam earplugs
- Giving workers regular breaks so they can step away from noisy environments
- Putting up barriers between employees and loud noises
- Having employees work away from loud noises
- Keeping equipment lubricated and well-maintained so it runs more quietly
Can You Request Workers’ Comp for Hearing Loss?
The Pennsylvania Department of Labor & Industry lists hearing loss among the injuries covered by workers’ compensation. Compensation for hearing loss falls under the “specific loss” category, which refers to injuries where workers lose permanent use of a body part or system. The key to claiming workers’ compensation for hearing loss is to show your job caused your ailment. Medical records and coworker testimony can be valuable in this regard.
How Can You Qualify for Workers’ Compensation for Hearing Loss?
Proving your job cost you your hearing can be tricky if a specific trauma did not cause your disability. However, your doctor and a workers’ compensation lawyer can help you find the medical evidence you need to support your claim. Specifically, you must show that you have lost at least 10 percent of your hearing in both ears.
Once you have gathered the necessary evidence, the next step is to file a workers’ compensation claim. You should report the injury to your employer within 21 days of suffering or discovering the hearing loss to get full compensation. However, you have up to 120 days after learning about your injury to file a claim. Not reporting the injury in this time frame could mean losing your right to benefits.
After you file your claim, your employer and their workers’ comp provider have 21 days to review it. You should then receive benefits or a reason for the denial. You have the right to appeal a denied workers’ comp claim, but you should strongly consider having a workers’ comp lawyer handle your appeal.
What Workers’ Comp Benefits Are Available for Hearing Loss?
The potential workers’ comp benefits for hearing loss include:
- Medical benefits— If your employer accepts your claim, they will pay for all reasonable and medically necessary treatments for your injury.
- Wage-replacement benefits— If you miss more than a week of work because of your injury, you can claim wage-replacement benefits for hearing loss. These benefits are set at two-thirds of your average weekly wages, up to a limit set by state law. This compensation is tax-free and lasts for the duration of the disability.
- Specific loss benefits— If you suffered permanent hearing loss, you could receive disability benefits in addition to your wage-replacement benefits. The amount of these benefits is also based on your average weekly wages before your injury. These benefits last for a maximum of 260 weeks for each 10 percent of hearing loss.
Contact a Workers’ Compensation Lawyer for Help with a Hearing Loss Claim
If your job caused you hearing loss, the team at Calhoon & Kaminsky P.C. is ready to help you file for your workers’ comp benefits. Call us today or visit our contact page for a free case review.