Can I get workers’ compensation for hearing loss?
Hearing loss is covered by California workers’ compensation, provided you can prove the amount of loss and that it was caused by your job.
According to the National Institute of Occupational Safety and Health, occupational hearing loss is the most common work-related injury in the United States, exposing 22 million workers to hazardous levels of noise and another nine million to ototoxic chemicals. Hearing loss, whether due to a single traumatic event or occurring over time from working in a noisy environment, is a covered injury compensable by California workers’ compensation.
If you are having trouble getting your employer to provide workers’ comp for hearing loss, a workers’ compensation lawyer can review your case at no charge and help you pursue any claim for benefits you are entitled to.
Causes of hearing loss at work
Any of the following can cause work-related hearing loss that would entitle you to workers’ compensation:
- Being in the vicinity of an explosion at work
- Being near a gunshot, whether due to work in law enforcement or workplace violence
- A head injury from a fall or being struck by an object
- Exposure to certain chemicals in the workplace, such as benzene in paints and solvents; carbon disulfide in pesticides; carbon monoxide from gas-powered machinery; styrene in plastics and insulation; Toluene in paints, adhesives, rubber and leatherworking; and xylene in paints, varnishes and thinners.
- Exposure to high noise levels (over 100 decibels) over time, such as working with jackhammers or working on a construction site or a factory floor with loud machinery
Workers’ comp benefits for hearing loss
As with other workers’ compensation claims, if you suffer hearing loss at work, you should have all your medical bills covered, plus wage replacement benefits for a temporary or permanent disability. Hearing loss is often permanent, and workers’ comp can provide a lifetime of coverage for medical needs such as new and replacement hearing aids and batteries, or perhaps even a cochlear implant.
Proving hearing loss is work-related
Proving hearing loss requires both a medical diagnosis from a qualified physician plus audiometric testing to determine the percentage of hearing loss in one or both ears. This testing is necessary to determine the extent of your disability and the amount of permanent disability benefits you might be entitled to.
In addition to proving the physical hearing loss, you might also be required to prove the hearing loss happened at work and is not due to some non-occupational exposure to loud sounds or a non-occupational disease. Expect your employer or their workers’ comp insurance carrier to dispute that your hearing loss is work-related. They are likely to delve into your medical history and private life to see if you regularly listen to loud music, play in a band, go to concerts, work with engines or power tools in your spare time, or engage in other activities that could cause hearing loss. If your claim for benefits is disputed or denied, a workers’ compensation lawyer may be able to prove your case to a judge or panel of judges at the Workers’ Compensation Appeals Board.
