Hearing Loss and Workers' Compensation Lawyer

Can You Receive Workers’ Compensation for Hearing Loss?

Loud noise in the workplace can make it difficult to concentrate and communicate, reduces productivity, can cause physical and mental stress, and can contribute to on-the-job accidents and injuries. Short-term workplace exposure to loud noise can cause temporary changes to one’s hearing, and long-term exposure to high noise levels can cause permanent hearing loss.

Hearing loss is one of the more common types of work-related injuries or illnesses. Many cases of hearing loss caused by harmful noise exposures on job sites and in workplaces occur over long periods.

Employees in Oklahoma whose injuries developed gradually through long-term noise exposure may qualify for workers’ compensation benefits, including the cost of hearing aids when necessary. Worker’s compensation is insurance coverage carried by most employers in Oklahoma, and provides benefits to employees who suffer work-related injuries and illnesses, including hearing loss.

How Work-Related Hearing Loss Can Occur

Employees working in noisy factories, on construction sites, in oil and gas production, and other industries are frequently subjected to constant or repeated loud noises.

Sound is measured in decibels (dB). The higher the decibel level, the more likely the sound is to cause harm. According to the National Institute for Occupational Safety and Health, noise around 85 decibels — which is loud enough to require you to raise your voice to be heard by someone at arm’s length — can damage hearing with repeated exposures of eight hours or longer.

Bulldozers, chainsaws, sirens, bars, and nightclubs are all typically louder than 95 decibels. If workers are not wearing proper ear protection, this noise level can be harmful and cause inner ear damage and noise-induced hearing loss. Loud noise can cause ringing or roaring in the ears, a condition known as tinnitus. Hearing loss is preventable with proper noise protection.

Signs that your workplace or job site may be too noisy include:

  • Having to shout to be heard by a co-worker standing at arm’s length
  • Experiencing ringing or humming in your ears when you leave work
  • Having some temporary hearing loss when you leave work.

Construction work often involves exposure to loud noises. Many construction workers have hearing loss at a younger age than the general population.

Hearing loss is also the most commonly recorded occupational illness in manufacturing industries, including wood products, primary metals, fabricated metals, furniture, and chemical manufacturers.

Oklahoma oilfield workers working around oil wells or drilling rigs are exposed to high noise levels and heavy machinery noise and are at risk of hearing loss. Oilfield workers should wear hearing protection devices.

According to the Occupational Safety and Health Administration (OSHA), workers exposed to specific chemicals known as ototoxicants can suffer hearing loss and balance problems. Ototoxic chemicals are commonly found in solvents, pesticides, and pharmaceutical drugs.

Hearing loss often occurs gradually, starting with the loss of hearing high-pitched sounds. It can affect one ear or both ears. Sounds may become muffled or distorted. You may experience buzzing or roaring in your ears. You may disregard the hearing loss until it becomes more apparent. Eventually, it may be difficult for workers to hear the world around them, making conversation and work challenging.

An employee who sustains partial or total permanent hearing loss due to workplace noise in Oklahoma may qualify for workers’ compensation benefits.

Receiving Medical Care/Seeing an Audiologist

If you are experiencing hearing loss, you should report the condition to your employer and ask to see a doctor. A doctor may refer you to an audiologist for a hearing test. An audiologist is a health care specialist trained to do a diagnostic evaluation of hearing and balance disorders. Audiologists often work with ear, nose, and throat doctors to diagnose hearing loss and treat patients.

When you are evaluated for hearing loss, you will undergo a series of tests over a period of time to determine the extent of the hearing impairment and your ability to understand speech. Whether your hearing impairment is due to long-term exposure or one intense incident such as an explosion, you may be entitled to workers’ compensation benefits.

Oklahoma law requires the injured employee to show the extent of their permanent hearing loss, using medically recognized clinical diagnostic tests such as audiological tests that measure air and bone conduction thresholds and the ability to distinguish speech. Having detailed medical evidence is critical to a potential workers’ compensation claim.

How Hearing Loss Is Calculated

In Oklahoma, occupational hearing loss is evaluated by criteria outlined in the Guides to Evaluation of Permanent Impairment of the American Medical Association (AMA) or by other approved alternative methods used in place of or in conjunction with the Guides.

The gold-standard assessment for hearing loss for American adults is the AMA’s binaural hearing impairment (BHI). The method examines air conduction thresholds at:

  • 500 hertz
  • 1,000 hertz
  • 2,000 hertz
  • 3,000 hertz

The test assumes hearing impairment begins with a “low fence” of 25 dB HL and a “high fence” of 92 dB HL and gives five times more weight to the better ear over the worse ear. The BHI is calculated from these thresholds and ranges from 0 percent (for those with pure-tone averages of 25 dB HL or less) to 100 percent for pure-tone averages of greater than 92 dB HL.

To determine the level of binaural hearing impairment (BHI), use the following formula:

  • Total % = ([5 x % hearing impairment in better ear] + % hearing impairment in poorer ear) /6

The hearing loss formula for monaural (one ear) hearing impairment is:

  • Total % of loss = ([([500 Hz + 1000 Hz + 2000 Hz + 3000 Hz] ÷ 4) – 25] x 1.5)

How Much Are Workers’ Compensation Benefits for Hearing Loss in Oklahoma?

In Oklahoma, an employee who suffers work-related hearing loss may be eligible for permanent partial impairment benefits. A worker who has permanent hearing loss shall receive permanent partial disability compensation based on a benefits schedule. The benefit is calculated at 70 percent of the employee’s average weekly wage, capped at a maximum of $350 per week, multiplied by 110 weeks for hearing loss in one ear or by 330 weeks for loss of hearing in both ears. Sometimes, this amount is paid in one lump sum payment rather than in weekly amounts.

You may also be eligible for a hearing aid benefit through the Oklahoma Workers’ Compensation Program.

You may also be eligible to collect workers’ compensation benefits for hearing loss regardless of whether you can return to your job.

Schedule a Free Case Review With an OK Workers’ Comp Attorney About Hearing Loss

Because hearing loss often occurs gradually rather than as a result of a specific incident, employers are more likely to question whether the loss is related to work. You may have a disputed workers’ compensation claim. If your employer is contesting your right to workers’ compensation benefits for occupational hearing loss, it is essential to talk with a knowledgeable Oklahoma workers’ compensation lawyer.

The Oklahoma workers’ compensation lawyers at Ryan Bisher Ryan & Simons have helped thousands of workers with work-related injuries and illnesses obtain benefits. Our attorneys can review the details of your hearing loss and discuss your options to pursue workers’ compensation benefits. Our determined attorneys fight to help injured workers obtain the full benefits they are entitled to by law. We have handled thousands of workers’ compensation claims and have detailed knowledge of Oklahoma workers’ compensation law and injured workers’ rights. Contact us today to arrange your free initial consultation at our Oklahoma City office.

This post was originally published in March 2019 and has been updated for accuracy and comprehensiveness in November 2021.

We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.