What You Need To Know About Hearing Loss Workers’ Compensation

Numerous jobs in the national economy can contribute to hearing loss, yet workers in certain industries are at higher risk than others. For instance, manufacturing, construction, and carpentry (among others) are notoriously noisy with no shortage of workers complaining about varying levels of noise-induced hearing loss (NIHL).

If this happens to you and your work environment is directly to blame, you are eligible to receive hearing loss workers’ compensation.

However, these claims are rarely straightforward, owing to the nature of this condition - it often develops slowly.

Here’s everything you need to know, from the breakdown of the entire process to the intricacies of hearing loss workers' compensation claims. 

What is workers’ comp?

Similar to your regular car insurance that helps cover the expenses if you get in an accident, employers are legally obligated to purchase workers’ compensation insurance for their workers. Thanks to this policy, employers can pay the bill for medical costs and lost wages when one of their employees suffers an injury. 

Generally speaking, the majority of companies are required to purchase some form of this insurance, and in most states (including Florida), workers’ comp will cover a specific amount of wages and medical expenses. 

When it comes to hearing loss workers’ compensation, medical costs of treating this ailment include the purchase of any hearing aids, as well as any related expenses such as batteries and maintenance for your medical devices. 

In the Sunshine State, the deadline for filing a claim is two years from the date of the accident. As you can tell, this is where things get tricky with hearing loss workers’ compensation claims. 

The effects of some injuries, such as bone fractures or brain injuries, are instantaneous. Hearing loss, on the other hand, is usually a slow and gradual decrease in hearing ability. This is why filing for workers’ comp in cases that involve hearing is anything but simple.

What can lead to hearing loss in the workplace?

Before starting the hearing loss workers’ compensation process, you first need to understand the cause of your condition. Occupational hearing loss typically happens due to ototoxic chemical exposure, exposure to loud noises, or a combination of the two (chemicals such as solvents can make ears more susceptible to loud noises). 

Regardless of the cause, hearing problems fall into different categories, mainly:

• Conductive - direct damage to middle or outer ear systems that happen due to head trauma
• Sensorineural - damage to nerves which regulate hearing and is often noise-induced
• Mixed - a combination of the above

It’s also worth noting that exposure to high noise levels repeatedly leads to tinnitus - noise-induced damage to the inner ear categorized by ringing in the ears.

With that said, determining the cause tends to be very difficult. In some circumstances such as brain injury or exposure to a sudden deafening noise, the root cause is clearly defined. As we said earlier, hearing problems develop over time due to extended exposure to excessive noise levels. As a result, most work-related hearing loss claims are filed sometime after the actual impairment occurs.

Nevertheless, hearing loss caused by workplace conditions or a work-related injury is sufficient grounds for a workers’ comp case. 

How to file a workers’ comp claim? 

in anticipation of the process, you will likely notice you’re developing hearing difficulties. For instance, there may be persistent ringing in your ears or you may suddenly struggle to hear people talking. 

We recommend visiting an audiologist right away so you can receive a diagnosis, though you can also file a hearing loss workers’ compensation claim first. Keep in mind you should file a claim prior to purchasing any medical devices as workers’ comp will cover the costs. 

Next, you should inform your employer about the injury or the hearing loss to receive the paperwork necessary to file a formal claim. It’s also possible to file a claim with a previous employer if the injury occurred at that workplace - just be mindful of the workers’ comp deadline. 

Once you fill out the forms with the required information, your employer will submit them to insurance and state-level safety organizations. 

If you visited an audiologist beforehand, you can submit medical reports along with the forms. Otherwise, you’ll be required to attend a medical checkup after filing the paperwork. 

To get the best results and avoid more severe hearing problems, it’s preferable to act as soon as you notice any symptoms of hearing loss.

What benefits can you receive?

Even the lowest level of a hearing impairment can have a drastic impact on your quality of life and working ability. This is why it’s important to stress that although your hearing loss may not be profound or permanent, it’s still considered a significant injury.

Thus, chapter 440, section 15 of the Florida Workers’ Comp law states that those suffering from work-related hearing loss may be eligible for temporary partial or temporary total disability compensation. 

In other words, you may receive upwards of 66% of your average weekly wage for the entire duration of your disability.

Why you should hire a workers’ comp attorney

Ahead of filing a hearing loss workers’ compensation claim, you should hire an experienced workers’ comp attorney to protect your rights and make certain you’re properly compensated. 

Since hearing loss is a gradual process, there is a good chance you will experience pushback from your employer or their insurance company about your disability. It’s more common than you think, especially in cases involving gradual hearing damage. 

The other party may state you had a pre-existing condition or even claim the hearing loss occurred during prior employment. 

An attorney can help you successfully prove the relationship between excessive noise in the workplace and your hearing loss, ultimately ensuring that your employer is held responsible for their contribution to the development of your disability.

Obtain your benefits with pro help now!

A hearing loss claim can quickly turn into a convoluted maze that may take a significant amount of time and effort to navigate. To make sure you’re protected during every step of the way, get in touch with the attorneys at the Law Offices of RITE.

So far, we helped countless workers obtain benefits for their work-related injuries and many of those cases included varying levels of hearing loss. 

We can review the details of your case, outline the best plan of action, and provide you with an estimate of the amount of benefits you can recover. 

Don’t lose time - dial (904) 500-RITE (7483) or send us a message at info@rite4justice.com to book a free consultation. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.