Workers’ Compensation for Hearing Loss

According to the CDC, each year more than 20 million workers are exposed to hazardous noise levels in the U.S. Hearing impairment caused by noise exposure can affect your ability to hear high-pitched sounds, understand speech and even communicate with those around you. Permanent hearing loss cannot be reversed with medicine or surgery.

At Berlin Law Firm, our lawyers have seen firsthand the impact of hearing loss on our clients and their loved ones. We also understand that many workers that have suffered from hearing loss don’t know that it is a compensable injury. That is why we advocate aggressively for the benefits our clients deserve and provide legal protection at every stage of the claim process. Contact us today to speak to our legal team.

Symptoms of Occupational Hearing Loss 

Occupational hearing loss, one of the most common worker injuries that people may develop, often manifests as difficulty understanding speech, especially in noisy environments, and a perception that others are mumbling. Individuals may frequently ask others to repeat themselves and experience tinnitus—a ringing or buzzing in the ears.  

Common symptoms include the following: 

• Difficulty understanding speech in noisy environments. One of the earliest signs of hearing loss is trouble distinguishing speech from background noise. Noisy workplaces, restaurants, or crowded areas become particularly challenging as the brain struggles to filter speech from surrounding sounds. 

• Perception that others are mumbling or speaking unclearly. Individuals with hearing loss often feel like people around them are not enunciating properly. This happens because specific speech frequencies become harder to detect, making words sound as if they are muffled or incomplete. 

• Frequently asking others to repeat themselves. As clarity diminishes, individuals may often say “What?” or “Can you repeat that?” during conversations, which can lead to frustration for both the person with hearing loss and those communicating with them. 

• Tinnitus (ringing, buzzing, or hissing in the ears). Many workers exposed to prolonged loud noise experience tinnitus, a persistent ringing or buzzing sound that isn’t caused by an external source. It can be mild or severe, sometimes interfering with concentration and sleep. 

• Increased sensitivity to loud noises or discomfort with certain sounds. Some people with hearing loss experience hyperacusis, a condition where normal sounds seem uncomfortably loud or painful. This often occurs after long-term exposure to excessive noise in the workplace. 

• Struggling to hear high-pitched sounds, such as alarms or phone rings. High-frequency hearing loss is common in noise-induced hearing damage, making it harder to detect sounds like alarms, beeping devices, birds chirping, or children’s voices. 

• Turning up the volume on electronic devices excessively. Individuals with hearing loss may unconsciously increase the volume on TVs, radios, or phones to levels others find uncomfortably loud. 

• Feeling pressure or fullness in the ears. A feeling of blocked or full ears (similar to what one experiences in an airplane) can indicate damage to the auditory system. This is often accompanied by reduced sound clarity. 

• Social withdrawal or avoiding conversations due to hearing difficulties. Struggling to keep up with conversations can lead to social isolation, as individuals may avoid group discussions or public outings due to embarrassment or frustration. 

How To File a Claim for Hearing Loss 

Filing a hearing loss claim can be a complex process. Every case is different, but most follow these steps: 

Step 1: Notifying the Employer in Writing 

As noted, employees must report work-related injuries or illnesses to their employer within 30 days of the incident or from the date they become aware that the condition is work-related. Since occupational hearing loss develops gradually, the 30-day period typically begins once an audiogram confirms the diagnosis and its link to workplace noise exposure. 

Step 2: Employer Report & Form Completion 

After notifying your employer, they are required to file a First Report of Injury or Illness with their workers’ compensation insurance carrier within seven days. Employees may also need to complete additional claim forms, depending on the insurer’s requirements. 

Step 3: Medical Evaluation 

Employees must seek medical treatment from a healthcare provider authorized by the employer’s workers’ compensation insurance. This typically includes an audiologist, otolaryngologist (ENT), or another specialist who can assess hearing impairment. 

Step 4: Gathering Documentation  

Gather and provide all medical reports, including audiometric test results, physician statements, and documentation linking hearing loss to workplace exposure. Job history and workplace noise exposure records may also be required. 

Step 5: In the Case of a Denial of Benefits, Filing a Claim 

If the employer’s insurance denies or disputes the claim, the employee may need to formally file a Petition for Benefits with the Florida Division of Workers’ Compensation. This is when legal representation is often involved to ensure the employee receives medical treatment, wage compensation, and any permanent impairment benefits. 

Step 6: Negotiation & Mediation 

If there are disputes over benefits, claimants may need to attend mediation to resolve issues related to medical treatment, lost wages, or permanent impairment benefits. 

Step 7: Hearing & Appeal 

If mediation fails, the case may go to a final hearing before a judge. If the decision is unfavorable, an appeal can be filed with the Florida First District Court of Appeal. 

Eligibility Criteria for Hearing Loss Claims

Florida law requires most employers to purchase workers’ compensation coverage. Under this policy, employees are compensated for occupationally incurred injuries, regardless of fault. If your hearing loss is work-related, you should be eligible to file a claim for benefits. However, your employer may deny your claim if they suspect your hearing damage is not work-related or if you were impaired or acting with malicious intent at the time.

An experienced work injury lawyer is essential in cases involving occupational illnesses. Unlike broken bones and other accident-related injuries, conditions like hearing loss are more complex and challenging to prove. Building a solid case for fair compensation takes time, determination and skill.

Statutes of Limitations and Filing Deadlines

Florida Workers’ Compensation guidelines allow 30 days from the time of your injury or your diagnosis to report your condition to your employer. However, hearing loss is unlike other common work-related injuries because it may take time to develop or worsen.

For hearing damage, the 30-day period generally starts after you have had an audiogram to confirm the diagnosis. At Berlin Law Firm, it is our job to show how a lack of proper hearing conservation programs directly caused your hearing loss, using safety reports, medical records and other key information.

We recommend reporting symptoms to your employer and seeing an approved audiologist or otolaryngologist at the first sign of hearing loss. Rapid treatment may prevent further damage and keep your case moving forward.

What Benefits Are Available for Employees with Occupational Hearing Loss? 

In Florida, employees who experience work-related hearing loss are entitled to workers’ comp benefits. These benefits encompass coverage for medical expenses, including doctor visits, diagnostic tests, and necessary treatments such as hearing aids or surgery. Additionally, workers may receive compensation for lost wages through temporary total disability (TTD) or temporary partial disability (TPD) benefits.  

TTD benefits provide approximately 66% of the worker’s average weekly wage when the individual is unable to work at all. TPD benefits apply when the worker can perform some duties but at a reduced capacity, compensating for the difference in earnings. 

If the hearing loss is determined to be permanent, the worker may be eligible for permanent impairment benefits, which are calculated based on its severity and can provide additional compensation.  

Given the complexities involved in filing such claims, consulting with an experienced workers’ compensation attorney can be beneficial to navigate the process and ensure rightful benefits are received. 

How Berlin Law Firm Can Help

OSHA has established clear standards for regulating work-related noise exposure and reporting occupational hearing loss. Unfortunately, it often goes undiagnosed and unreported because workers assume loud noise is “just part of the job.” And because hearing loss usually occurs over an extended period, some employers may question if your condition is work-related.

It is easy to be intimidated by your employer and their insurance carrier – either of which may derail your pursuit of benefits or deny them altogether.  However, with an experienced Florida workers’ compensation attorney, you can avoid the common pitfalls and delays encountered by workers without legal representation.

Contact Us for a Free Consultation

At Berlin Law Firm, we know what it takes to build a strong workers’ compensation claim, and we will not be deterred from seeking the damages you deserve. If your claim is wrongfully denied, we will oversee your appeal and represent you in court.

We serve the state of Florida with offices in Tampa and Sarasota. Schedule a free, no-obligation consultation today. We speak English and Spanish.