Yes.
Loss of hearing in one or both ears is compensable based on the binaural ( both ears) formula for hearing loss published by the American Medical Association in 1993. This formula measures hearing loss at four levels as a percentage loss. Under the formula, the first 25 decibels of hearing loss are discarded. Then, the injured worker must have more than a 10% impairment to qualify for PA Workers’ Compensation payments. A 10% Impairment sounds like it would be an easy standard to meet. It isn’t. Under Pennsylvania law; an injured worker must have a very significant loss of hearing to qualify for WC.
This standard applies whether the loss of hearing is due to a single incident such as an explosion or to long term exposure to loud noise at work.
A claim for WC must be filed within 3 years of the last exposure to loud noise at work.
There are many complicated issues involved in a PA Workers Compensation claim for hearing loss such as:
- Whether or not the Claimant was exposed to long term hazardous noise;
- Whether or not the Claimant was wearing ear protection and whether or not such hearing protection attenuated ( reduced) the noise exposure;
- Whether or not the Claimant has hearing loss from other causes such as firearms, power tools or loud music ;
- Whether or not the Claimant has a sensineural loss of hearing which is associated with occupational causes of hearing loss;
- Whether or not the Claimant has age-related hearing loss known as presbycusis;
- Whether or not the Claimant gave proper and timely Notice to the employer of work related hearing loss. The Claimant must give Notice within 120 days of the date that the Claimant is told by a Doctor that they have a work-related hearing loss.
- Which employer is responsible for paying Workers Compensation if there is noise exposure at multiple job sites.
- Whether or not audiograms and testing conform to OSHA standards
It is very important that a Claim for PA Work Comp benefits resulting from exposure to loud noise at work be supported by an ear nose and throat Doctor (Otolarangologist) because of the many complex issues involved in these claims.
If you have suffered hearing loss due to an traumatic accident at work or long-term exposure, you may be entitled to Pennsylvania workers’ comp benefits. Contact our an experienced Harrisburg Workers’ Compensation Lawyer at Calhoon and Kaminsky P.C., at 717-695-4722. Be sure to order a FREE copy of our book, 7 Deadly Sins That Can Destroy Your Pennsylvania Workers’ Comp Case.
