Hearing Loss at Work – What Compensation Are You Entitled To?

Many different types of work-related injuries and exposures can result in permanent and total disabilities. Sometimes workers sustain an immediate, traumatic injury that results in an amputation or the permanent loss of use of a specific body part. In other circumstances, longer term and repeated exposures over time may also result in permanent and total disabilities, such as permanent hearing loss or permanent vision loss. What do you need to know about disability duration for work-related hearing loss?

Understanding Occupational Hearing Loss

Occupational hearing loss can be prevented, but when it happens it is permanent, according to the Centers for Disease Control and Prevention (CDC). There are various ways in which permanent hearing loss — and sometimes complete and total hearing loss in one or both ears — can occur as a result of work-related accidents or exposures. Hearing loss can result from one-time or long-term exposure to dangerous noise levels, or to certain hazardous chemicals.

Any noise at work, whether it is one-time or ongoing, is considered by the CDC to be “dangerous noise” once it reaches 85 decibels (dBA) or higher. In addition to dangerous noise, ototoxic chemicals, which are chemicals that “cause damage to different parts of the ear,” can cause hearing loss when a worker is exposed a single time or, often, repeatedly over time. Ototoxic chemicals can include solvents, metals, pesticides, and much more.

Total Amount of Disability Paid for Hearing Loss Under Maryland Law

When a worker loses a limb or loses the ability to use a body part due to a traumatic workplace accident, that worker is compensated with a disability payment for a specific period of time. For example, the loss of a hand or foot is compensated for 250 weeks, while the loss of an arm or leg is compensated for a total of 300 weeks. How does this disability schedule account for hearing loss?

Under Maryland law, partial hearing loss is not compensated under this schedule — only permanent and total hearing loss:

• For the total loss of hearing in 1 ear, compensation is for a total of 125 weeks; or
• For the total loss of hearing in both ears, compensation is for a total of 250 weeks.

It will be critical to have detailed health care records that provide clear evidence of your hearing loss when you are seeking compensation for a set number of weeks. A medical assessment will also be crucial for you, even initially, as you seek workers’ compensation coverage for medical benefits and lost wages.

Contact a Maryland Long-Term Disability Attorney for Assistance with Hearing Loss and Other Work-Related Disability Claims 

Have you experienced permanent and total hearing loss as a result of a work-related accident or exposure? Or have you experienced a permanent and total disability related to another part of your body that resulted from a workplace accident or exposure? You may be eligible for workers’ compensation benefits in addition to longer term disability for a set period of weeks, depending on the injury. One of the experienced Maryland long-term disability attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can answer any questions you have today and can begin working with you on your work-related disability claim.

Sources:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-627&enactments=false

cdc.gov/niosh/noise/about/index.html