Occupational Hearing Loss, What Are My Rights?

The New York State Workers’ Compensation Law provides for two types of hearing loss claims:

• Traumatic Hearing Loss – this typically results from a sudden fortuitous event, such as an explosion, and
• Occupational Hearing Loss – this typically results from exposure to industrial noise over
  a period of time.

In a Traumatic Hearing Loss case, the statute of limitations is two years from the date of the event.

In an Occupational Hearing Loss, the statute of limitations is two years and ninety days after knowledge that the loss of hearing is or was due to the nature of employment.

If you have a traumatic or an occupational hearing loss, the law provides for medical treatment, including hearing aids.

In addition, you may be entitled to a schedule loss of use award, depending on the percentage of hearing loss, which is calculated in the same manner as a schedule loss of use.

How Do I Go About Filing A Claim for Hearing Loss?

Before you can bring a claim for an Occupational Hearing Loss, you must be out of the harmful exposure for 90 days. After the expiration of the 90 days, you need to obtain medical evidence that relates your hearing loss to your occupational exposure. Typically, occupational hearing loss claims are filed after:

• You retire,
• You are terminated,
• Your plant closes, or
• You are disabled by another injury or condition.

Under New York State Workers’ Compensation Law, you are required to be examined by an otolaryngologist, which is the oldest medical specialty in the United States. Otolaryngologists are physicians trained in the medical and surgical management of treatment of patients with diseases and disorders of the ears, nose and throat. The Workers’ Compensation Board maintains a list of qualified otolaryngologists that can be sorted by zip code at the following link.

When you see the otolaryngologist, give an accurate history, including the approximate time you began your employment, the type of work you did and for how long, and what type of noise you were exposed to.

In addition, it is important to note noise exposure you may have had prior to starting work, such as military service, hunting, or other loud exposures.

With the history and the physical examination, the doctor will offer an opinion as to whether you have a compensable hearing loss. The doctor will complete a form setting forth your hearing loss within the parameters of the New York State Workers’ Compensation Law.

Once you have the medical evidence, it is important to file a claim within two years. The claim is commenced by filing a C-3. The form can be confusing, as it is set up for all injuries and not particularly hearing loss claims.

At Meggesto, Crossett & Valerino, we have developed a process to ensure that claims are given the best chance of success.