Workers' Compensation for Hearing Loss

According to the CDC, about 22 million workers are exposed to hazardous noise each year, and nearly a quarter of hearing difficulty among U.S. workers is caused by occupational exposures. If you work in an environment where you are constantly being exposed to loud noises, you may be risking your hearing.

What causes Occupational Hearing Loss (OHL)?

OHL can occur when workers are exposed to loud noise or ototoxic chemicals.

Noise is considered loud (hazardous) when it reaches 85 decibels or higher, or if a person has to raise his/her voice to speak with someone 3 feet away (arm’s length).

Ototoxic chemicals can cause OHL, make the ear more susceptible to the damaging effects of hazardous noise, or both. For example, a person taking certain ototoxic pharmaceuticals may lose hearing, become more susceptible to noise, or both. Ototoxic chemicals include:

• solvents (styrene, trichloroethylene, toluene)

• metals and compounds (mercury compounds, lead, organic tin compounds)

• asphyxiants (carbon monoxide, hydrogen cyanide)

• nitriles (3-Butenenitrile, cis-2-pentenenitrile, acrylonitrile)

• pharmaceuticals (certain antineoplastic agents)

How can workers protect themselves from hearing loss?

• Monitor the volume. According to OSHA, workers should only be exposed to a maximum average sound level of 85 decibels during an eight-hour shift. For each five decibel level increase above 85 decibels, the maximum exposure time should be cut in half. Exposure to sounds over 85 decibels for extended periods of time can cause permanent hearing loss. Power tools, lawn mower and jackhammers are all above 85 decibels.

• Wear proper hearing protection. Hearing protection should be worn whenever noise levels are above 85 decibels. Protection can include ear plugs, ear muffs and customizable devices.

• Have your hearing check annually. A comprehensive hearing exam can provide baseline reports about where your hearing is and track any changes. If you work in a noisy occupation, it’s especially important to monitor any changes in your hearing to prevent permanent damage.

Signs of Occupational Hearing Loss

If you are unsure whether or not your hearing has been damaged, signs of hearing impairments include:

• Hearing a ringing or buzzing sound in your ears (tinnitus)

• Having to shout at coworkers, even at close distances

• Experiencing temporary hearing loss

How Do I Know if I Qualify for Workers Comp?

To collect Workers Comp in California for hearing loss in California, you must:

• Prove that you have a partial or total hearing loss; and

• Prove that the hearing loss was caused by the workplace (by noise, injury, chemicals, etc.)

Proving a hearing loss is done through a medical examination by an ENT physician (or other specialist) AND “Audiometric” testing to determine the amount of your hearing loss. Hearing loss for purposes of workers’ compensation cases is measured by a “pure-tone audiometer” and a percentage of hearing loss will be assigned to you.

Proving you have hearing loss is fairly simple, but proving that the hearing loss resulted from workplace exposure to noise or chemicals can be more difficult. Employers will often try to blame your partial or total deafness on: your age; a prior trauma or pre-existing disease; use of prescription or recreational drugs; inherited conditions; hobbies such as playing rock music or hunting; or, even previous employers.

Can an Attorney Help?

If you applied for and were denied Workers’ Compensation for a partial or total hearing loss, it is important to contact a Certified Workers Compensation Specialist who is experienced in hearing loss cases immediately.

Injured workers have a limited time to appeal a Workers’ Comp denial and an attorney will be able to help you obtain the benefits you deserve.

---

Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.