In most cases, occupational hearing loss does not happen all at once. Instead, it is a slowly progressing injury, sometimes taking years to become noticeable. It is not until a person has trouble with everyday activities, such as having a conversation or hearing the television, that they realize that they have a serious problem on their hands. Once this realization hits, it does not take long to connect the dots to a former, loud work environment. What can be done in this situation? Is workers’ compensation still an option? The short answer is yes, but let’s take a more in depth look so you can get the benefits you’re entitled to.

The Legal Clock

All states have a statute of limitations for workers’ compensation claims. This means that there is a specific timeframe in which you are allowed to file your claim. However, this clock doesn’t necessarily start when the injury occurs. Every state is different, and many do not start the clock until the injury, or its link to the workplace, is discovered. For example, under Massachusetts workers comp law, a claim must be filed with the insurer within 4 years of the date you become aware of a connection between your injury/illness and your employment. It should be noted that a doctor doesn’t have to make this connection. The law states that statute of limitations begins when you should have reasonably been able to make a connection between your injury and the workplace.

Challenges of “Cold” Claims

When it comes to hearing loss, the biggest challenge of cold claims is proving that your hearing loss was caused by the work environment. Insurance companies first line of defense is usually to claim that any hearing loss is simply presbycusis, which is gradual, age-related hearing loss. They will especially try this tactic if you are over the age of 65. If that fails, they will likely try to blame your hearing loss on your hobbies, such as shooting, listening to loud music, or attending concerts. The longer it has been since you left the workplace, the harder it will be to prove that it was the cause of your hearing loss.

How to Prove a Claim from Years Ago

With years having passed, it can be extremely difficult to obtain evidence that supports your claim that your hearing loss was caused by your working conditions. However, that is not to say it’s impossible. There are some specific pieces of evidence that can be of great help to you, which are:

• The Baseline Audiogram: If a workplace has a noise level over 85 decibels. OSHA requires the employer to have employees undergo a baseline audiogram. This test is designed to create a benchmark for measuring future changes in hearing. If you underwent one of these tests when you were first hired, it can be the most crucial piece of evidence in your case.
• Noise Exposure Logs: These are logs documenting the level of noise exposure in the workplace. According to the American Speech-Language-Hearing Association, sounds of 85 decibels or higher can cause hearing loss. If logs show that noise in your former workplace is routinely above this threshold, it will go a long way toward supporting your claim.
• Expert Witness: You should visit an expert in hearing loss, such as an audiologist, to have your hearing loss diagnosed. This expert can then testify that your hearing loss is connected to the workplace.

If you can obtain all of the above, the chances of your claim being approved will increase substantially.

What Benefits Can You Actually Get?

If your workers’ compensation claim is approved, one of the most important benefits you could receive is medical coverage. This will cover the cost of hearing aids, batteries, and repairs, allowing you to hear properly once again. Additionally, if you also suffer from tinnitus, a ringing in the ears that often accompanies hearing loss, treatment for that will also be covered.

You may also qualify for Permanent Partial Disability (PPD), which is a workers’ comp benefit for a lasting, work-related injury that results in a permanent loss of function, but does not completely prevent an employee from working. It provides payments that are meant to compensate for reduced earning capacity.

Getting Started on Your Claim

Before making your claim, there are some actions you should take. First, see a clinical audiologist to confirm that you do have hearing loss. Explicitly ask them if, in their professional opinion, it could have been caused by your previous working conditions. Next, you should gather old records. This includes old paystubs, union records, or photos of you on the job. Finally, and this is extremely important, hire a workers’ comp lawyer. They will be able to guide you through the process, helping you collect evidence and make your case. Your chances of having a workers’ comp case approved increase greatly when you have proper legal representation.