Is Hearing Loss Covered by Workers’ Compensation?
As we grow older, we can experience hearing loss. That hearing loss can be compounded by years of occupational noise hazards. According to the Centers for Disease Control and Prevention, hearing loss is the third most common chronic physical health condition. Among the working population, 1 in 8 people have some level of hearing difficulty, and 1 in 4 people can attribute that loss to occupational exposures. If this is a situation you find yourself in, you might wonder if workers’ compensation in Maryland covers hearing loss.
The answer to the compensation question is complex. In fact, the Maryland workers’ compensation law was recently revised to clarify the definition of occupational deafness and how that would apply to filing a claim. The following post breaks down the new guidelines and how you can address the issue.
How Our Hearing Works
There are two components involved in hearing and sound: hertz and decibels. Hertz (Hz) measures the frequency or pitch of a sound. As we age, we experience high-frequency hearing loss.
Decibels (dB) measure the intensity or loudness of a sound. The normal range of hearing is between 20 to 20,000. Sounds below 70 dB are considered safe. Consider the potentially harmful decibel levels of the following common sounds presented by the Hearing Health Foundation:
- Lawnmowers – 75 dB
- Hairdryer – 90 dB
- Food processor – 95 dB
- Motorcycle – 100 dB
- Rock concert – 120 dB
- Jack hammer – 130 dB
Understanding Occupational Hearing Loss
When a typical hearing loss occurs, it shows up at the higher hertz frequencies between 4,000 and 6,000 Hz. That is the type of loss that would make it difficult to hear voices over the phone or you need to raise the volume on the television. At this level of loss, you would not be able to get benefits from the Maryland workers’ compensation program because these losses are considered part of aging.
However, if you experience a hertz frequency loss in the 500 to 3,000 range, that could be covered if the average is more than 25 decibels of loss and your age was less than fifty when you were last exposed to noise. To determine this, you’ll need hearing tests showing the loss at 500, 1000, 2000, and 3000 hertz.
Your age is also a consideration in the final determination. For instance, if you were older than fifty when you were last exposed to loud noise at your job, the average goes up by one-half decibel for each year. In other words, if your last exposure happened on the job when you were 54, you need more than an average of 27 decibels of loss.
Filing a Claim With the Right Employer
The hearing loss that you’re experiencing today might have happened at a previous job. If you are filing a claim, you would file it against the employer at the job where you were exposed to the noise. When you file that claim, that employer could dispute the claim by stating that you suffered the loss at a different job or from other conditions. That is why you need to retain the services of an experienced workers’ comp attorney who understands how this type of injury applies to the workers’ compensation laws.
The Maryland Workers’ Compensation Commission stipulates that you should file a claim within 60 days of the discovery of the injury. However, you have up to two years to file a claim. In order to move forward with a claim, you need to provide documentation of when you were advised that you were experiencing hearing loss. You should also have a report from your doctor that verifies the hearing loss is occupationally related.
You also have to establish that you were employed where the noise exposure occurred for at least 90 days.
Potential Benefits
If your workers’ compensation claim is approved, you could receive benefits that cover your lost wages. The amount of those wages depends on which of the following classifications you’re assigned to:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Disability
- Permanent Partial Disability
Your wage benefits will be measured against the state’s weekly salary average of $1,456. For instance, if you are found to have a temporary total disability based on your hearing loss, you could receive up to two-thirds of your weekly salary, but only for a limited amount of time.
Getting the Help You Need
Employers are responsible for recognizing the noise hazards in their business and providing earplugs or noise-canceling headphones to mitigate the damage. Even with those precautions, you could still experience hearing loss. Because of the complexity of the injury and the need for thorough documentation, you need to speak to the legal team at Belsky & Horowitz, LLC. We have years of experience helping clients navigate the Maryland workers’ compensation laws.
We can help you prepare the claim and, more importantly, assist with an appeal if your initial claim is denied. Our goal will always be to help you get the maximum benefits that you’re entitled to. The support and guidance we provide begin with our free case evaluation. Call to set up that talk today.
