Hearing Loss Workers’ Compensation in Pennsylvania
If you’re experiencing or concerned about hearing loss because of your job, you’re not alone. The Centers for Disease Control and Prevention (CDC) estimates that 22 million American workers are exposed to hazardous noise at work annually.
The good news is that Pennsylvania entitles workers to compensation for work-related hearing loss. With the help of a skilled workers’ compensation attorney, you should be able to get the compensation you deserve if your job has caused you substantial hearing loss. Keep reading to learn more about hearing loss workers’ compensation.
Types of Hearing Loss
There are a few types of hearing loss:
- Sensorineural: Sensorineural hearing loss (SNHL) happens when noises or other hazards damage the inner ear or the nerve pathways between it and the brain. This type of hearing loss can be caused by aging, a blow to the head or illness. Noise-induced hearing loss is a type of SNHL.
- Conductive: Damage to the outer and middle ear leads to conductive hearing loss. Conductive hearing loss can result from fluid in the ears, ear infections or objects getting stuck in the ear.
- Mixed hearing loss: Mixed hearing loss occurs when you experience conductive hearing loss and sensorineural hearing loss at the same time. This condition affects the outer or middle ear, as well as the inner ear or nerve pathways to the brain.
If you are experiencing signs of hearing loss, like often needing to ask people to repeat themselves, consider visiting a doctor to test your hearing. You may have one of these types of hearing loss. If you work around loud noises, hazardous chemicals or flying debris, or if you’ve taken a knock to the head at work, your hearing loss could be work-related.
Whether your hearing loss is sensorineural, conductive or mixed, you may claim workers’ compensation, provided it is permanent and work-related and you fulfill all requirements when submitting your claim.
Hearing Loss and Pennsylvania Workers’ Compensation Law
The law governing workers’ compensation in Pennsylvania is the Pennsylvania Workers’ Compensation Act of 1915. According to this act, you are entitled to workers’ compensation if you have permanent hearing loss medically established to be greater than 10% as a result of your job. A doctor will use the AMA Guides® to the Evaluation of Permanent Impairment to rate your hearing loss. This applies whether the hearing loss resulted from prolonged exposure to noise or any other work-related factor like a foreign object entering your ear while doing your job.
A successful workers’ comp claim for hearing loss may also entitle you to other medical benefits like hearing aids or doctor visits. Note that your benefits will vary depending on the circumstances leading to your hearing loss. An experienced workers’ compensation attorney can listen to the specifics of your case and help you understand the benefits you can claim.
How to File a Claim for Hearing Loss Compensation in Pennsylvania
To file a workers’ compensation claim for hearing loss in Pennsylvania, you’ll need to take the following measures:
- Get medical evidence: You need medical records to show that you’ve seen a medical professional, preferably an audiologist, about your hearing loss. They must evaluate it according to the AMA Guides and give an official, evidence-based medical opinion that your hearing loss was work-related.
- Inform your employer: Let your employer know you are experiencing hearing loss and intend to submit a compensation claim. Ask about the company’s policies for doing so. It’s best to communicate these requests via email or another platform where you can save all communication in text form for evidence if necessary. The earlier you communicate, the better.
- Consult an attorney: A hearing loss workers’ compensation attorney can help you understand what benefits you can claim based on the specifics of your case, ensure you file your claim correctly with all the necessary evidence, and help you appeal the decision if your initial claim is denied.
- File on time: You must file for compensation within three years of the incident that led to your hearing loss. If the cause was prolonged exposure to a hazardous environment rather than a single incident, you have three years from the last date on which you worked in that environment. This three-year statute of limitations also includes your window for appealing a denied compensation claim, so it’s best to file as early as possible to give enough time for the whole process.
What Evidence Do You Need for a Successful Claim in Pennsylvania?
For your hearing loss workers’ compensation claim to succeed in Pennsylvania, you must have enough evidence to show three things:
- You have permanent hearing loss rated as 10% or more according to American Medical Association standards.
- Your work environment exposed you to hazardous noise levels or other potential causes of hearing loss.
- Your work environment contributed to your hearing loss, according to a medical professional.
The evidence you’ll need to establish these claims will vary but typically includes:
- A statement from an audiologist or ear, nose and throat specialist about your percentage of hearing loss and its cause.
- Audiogram records that support this statement.
- Witness testimony about your work environment and any specific incidents.
- Work records that show your job required exposure to the hazard that impacted your hearing.
- Records of correspondence with your employer.
An experienced workers’ compensation attorney can help you understand exactly what evidence you need and make sure you’re ready to file your claim.
How Much Compensation Is Available for Hearing Loss in Pennsylvania?
Whether your work-related permanent hearing loss came from prolonged exposure to a hazardous environment or a specific incident, you can claim up to two-thirds of your average weekly wages for the duration of benefits. The duration of benefits depends on the severity of the hearing loss.
State law requires almost every employer in Pennsylvania to have coverage for workers’ compensation, so nearly all employers will have access to the financial resources to pay out valid workers’ comp claims.
Contact Frommer D’Amico Workers’ Compensation Attorneys for Hearing Loss Claims
If you have experienced work-related hearing loss, consulting an experienced workers’ comp attorney can help you get the benefits you deserve. Frommer D’Amico is a dedicated workers’ compensation law firm practicing in Pennsylvania. We are certified workers’ compensation attorneys ready to give you the personalized legal support you need to file your hearing loss compensation claim.
Contact us for a free consultation to get professional, personal and affordable legal representation for hearing loss claims.