OCCUPATIONAL HEARING LOSS: 

                                        Are You Entitled to Worker's Compensation?

                                                                                    by

                                                               Attorney Donald Radosevich

                          For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP

 

Many Lakeshore residents will spend a lifetime working in manufacturing, hoping for an enjoyable retirement.  Unfortunately, a that lifetime of industrial work can take its toll on one's body.  Work-related injury or disease can hamper you in retirement.  One form of physical damage you could suffer is hearing loss caused by years of exposure to noisy machinery.  Many retirees lament the damage done to their hearing, without learning whether they have any legal recourse.  Fortunately, Wisconsin's Worker's Compensation Act specifically addresses occupational hearing loss and provides an avenue for recovery. 

 

Job-related hearing loss is referred to as 'occupational deafness' under the worker's compensation law.  It is defined as "permanent partial or permanent total loss of hearing of one or both ears due to prolonged exposure to noise in employment."  In order to pursue a claim for occupational deafness, you must be able to establish a loss of hearing through medical evidence.  You also need to show the hearing loss was caused by workplace noise. 

 

If you believe you suffer from hearing loss, you should first consult your physician.  Hearing loss is measured by an audiogram.  The audiogram measures hearing at a number of different frequencies, presenting the results as a series of numbers.  The Wisconsin Department of Workforce Development, which administers the worker's compensation statutes, has developed rules that are used to determine if there is a compensable hearing loss, based on the audiogram result.   

 

Once the medical evidence establishes a loss of hearing, the next step is to establish that the hearing loss occurred as a result of workplace noise.  If the employer contests the claim, the employee must be able to show the level of noise to which he or she was exposed.   Under the law, exposure to 90 decibels or more for eight hours a day is deemed "harmful."  As an example, the sound of a running lawnmower is about 90 decibels while a jackhammer is around 120 decibels.  Even if the sound is less than 90 decibels, it may still be damaging to one's hearing and cause occupational hearing loss that is compensable.  The Occupational Safety and Health Administration, for instance,  requires hearing protection at 85 decibels. 

 

If the employee's claim is successful, the employer is required to pay a certain number of "weeks" of compensation.  For instance, 100% hearing loss of both ears is compensated by payment of 216 weeks of compensation.  As of 4/1/06, the current rate of compensation results in a payment of $54,432.00.  This may seem like a small amount in exchange for a total hearing loss, but it is important to remember that before worker's compensation laws were enacted, an employee was not entitled to any payments for workplace injuries. 

 

An employer may challenge the level of hearing loss by showing there was preexisting deafness.  Old audiogram results might demonstrate the hearing loss preceded employment.  In such a case, the employer is responsible only for that part of the hearing loss suffered on the job.  If you need a hearing aid as a result of occupational hearing loss, there are provisions in the statutes which may require the cost be paid by your employer.