Millions of workers in the United States are exposed to noisy environments every day. Even mild hearing loss can affect your ability to communicate or perform your job duties safely and effectively. If you’ve developed job-related hearing loss, you should be entitled to collect workers’ compensation benefits in New York. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers help people in the greater New York City area file occupational hearing loss claims and understand their rights under the law.
What is Occupational Hearing Loss?
Occupational hearing loss is any type of hearing loss that is job-related. It can range in severity and may be caused by exposure to excessive noise, toxic chemicals, or physical trauma at work. Construction work, mining, manufacturing, aeronautics, restaurant and nightclub work, and farming are some of the most common occupations that put workers at risk for hearing loss.
How Loud Is Too Loud?
Prolonged exposure to sounds louder than 85 decibels can cause permanent damage to your hearing. The Occupational Safety and Health Administration (OSHA) and the National Institute of Occupational Safety and Health (NIOSH) set limits of 90 decibels and 85 decibels respectively for an eight-hour workday. Employers must provide certain controls and hearing protection to workers when workplace noise exceeds these thresholds. Your workplace may be too loud if:
- You must shout to talk to a coworker only an arm’s length away
- You hear ringing or humming in your ears after work
- You experience temporary hearing loss after leaving work
If you deal with any of these issues, your workplace may be too loud, and your employer should provide hearing loss protection. Generally, workers cannot sue for employer negligence in New York, but if you’re suffering from occupational hearing loss, you can file a workers’ compensation claim.
Filing an Occupational Hearing Loss Claim in New York
Unlike some other types of workers’ compensation claims, occupational hearing loss claims have restrictions on when a claim can be filed. If your hearing loss occurred due to a single incident, you have two years from the date of the injury to file a claim, like most accidental workplace injuries. However, if your occupational hearing loss developed over time, you must wait 90 days from the date you were last exposed to noise at your job before filing a claim. You must then file for workers’ compensation within two years. Many people file occupational hearing loss claims after retiring, leaving a job, or sustaining another workplace injury.
After the 90-day waiting period has expired, you must see an otolaryngologist (ear, nose, and throat doctor) who has been approved by New York’s Workers’ Compensation Board. During your appointment, the otolaryngologist will evaluate your condition and ask questions about your noise exposure. Make sure to be as detailed as possible about your hearing loss symptoms, work environment, and job duties.
The doctor will determine whether your hearing loss likely is work-related. This information is valuable evidence you’ll need for your occupational hearing loss claim. Even with a report from an otolaryngologist, your employers’ workers’ compensation insurer may try to find ways to deny your claim. That’s why it’s crucial to have an experienced workers’ compensation lawyer as your staunch advocate.
What Types of Benefits Are Available?
Workers’ compensation covers medical expenses (including hearing aids) and a portion of lost wages. If your occupational hearing loss is permanent, you may be granted a Schedule Loss of Use (SLU) award, which is based on which area of the body is injured and the degree to which it is impaired. Your workers’ compensation attorney can help you understand how SLU award amounts are calculated.
Why You Need a Workers’ Compensation Lawyer for Your Occupational Hearing Loss Claim
Getting the full and fair amount of workers’ compensation benefits you may be entitled to receive isn’t always easy. Your employer and their insurance company may try to argue that your hearing loss is not related to your job, or that it is not as severe as you claim. These types of cases are complex and require the experience and knowledge of seasoned workers’ compensation attorneys. If you’ve already filed an occupational hearing loss claim and the amount you were offered is insufficient or your claim was denied, a lawyer can help you appeal. Regardless of whether your hearing loss occurred over time or due to an accident, if it happened at work, you deserve to obtain all the benefits that may be available to you.
Contact Our NYC Workers’ Compensation Lawyers
At Nappa, Monterosso & Poznansky, LLP, we understand the devastating impact hearing loss can have on your quality of life. For more than 30 years, our workers’ compensation lawyers have fought for injured workers in the Greater New York City area. Attorney and partner Rolando Cubela is proud to assist our Spanish-speaking clients with workers’ compensation and Social Security Disability Insurance claims. If you need help with an occupational hearing loss claim, call us at 718-273-9000 or contact us online to schedule a consultation with a workers’ compensation lawyer today.
