Most individuals are unaware of how common workplace hearing loss is. Thousands of workers in Wisconsin and throughout the United States are subjected to dangerous noise levels daily, many unaware of the potential long-term harm. Knowing your rights is crucial if your hearing has been impacted at work, regardless of whether you work in manufacturing, transportation, construction, or another high-noise business.
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Occupational Hearing Loss: What Is It?
A reduction in hearing capacity brought on by exposure to loud noises or ototoxic substances at work is known as occupational hearing loss. It is difficult to identify early on because it frequently develops gradually and can be either transient or permanent.
The following are typical indicators of hearing loss:
- Understanding talks can be challenging, particularly in noisy settings.
- Having to turn up the volume on TVs or other gadgets
- Tinnitus, or ringing or buzzing in the ears
- Hearing loss
Even while these symptoms might not be noticeable right away, they might eventually affect your quality of life and productivity at work. Thankfully, people who suffer hearing loss as a result of their jobs are protected under Wisconsin’s workers’ compensation regulations.
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Does Workers’ Compensation Apply to You?
In Wisconsin, to be eligible for workers’ compensation, your hearing loss needs to be:
- Work-related: Resulting from or made worse by workplace noise or other circumstances
- Diagnosed by a qualified health care provider
- Submitted within the allotted time
You don’t have to demonstrate that your boss was careless. Because workers’ compensation is a no-fault system, you can still receive payments even if your company followed normal safety standards and the hearing loss developed gradually over time.
- Workers Who Qualify: Both full-time and part-time employees are included.
- Temporary employees
- Workers in high-noise industries such as manufacturing, construction, transportation, and agriculture
Typical Reasons for Hearing Loss at Work
Hearing loss may be caused by:
- Extended exposure to noisy gear or equipment (such as engines, drills, and chainsaws)
- Unexpected loud noises, such as alarms or explosions
- Insufficient protection for hearing
- Ototoxic substances (such as metals or solvents that harm the inner ear)
Without protection, even brief exposure to noise levels above 85 dB (equivalent to heavy traffic) can result in irreversible hearing loss.
A Comprehensive Guide to Making a Claim
1. Obtain a medical diagnosis
Seeing an audiologist or occupational health professional should be your first course of action if you are exhibiting symptoms of hearing loss. To measure your hearing thresholds and assess the degree of impairment, you will probably have an audiogram, or hearing test.
Be sure to let the provider know that you think the loss might have been caused by your job. A crucial component of your claim will be a clear medical report that connects your hearing loss to exposure at work.
2. Inform Your Employer About the Injury
According to Wisconsin law, you must notify your employer of your work-related injury as soon as you become aware of it, ideally within 30 days. The timeline starts on the day you first noticed symptoms or were diagnosed with hearing loss, because it can grow gradually.
If at all possible, give written notification and retain a copy for your files. After that, your employer must notify their workers’ compensation insurance provider and start the claims procedure.
3. Finish the Workers’ Compensation Claim
Your employer ought to help you submit an official claim to their insurance company. You might have to submit:
- Test results and medical records
- Information about your exposure and job responsibilities
- Statements from witnesses (if appropriate)
- Results of any prior hearing tests (for comparison)
After reviewing your claim, the insurance company could ask for an independent medical examination (IME) to verify your health.
4. Recognize the Advantages You May Get
Should your claim be accepted, you can qualify for:
- Medical costs: Including examinations, treatment, and hearing aids
- Compensation for wage loss: For time lost from work because of your illness
- A settlement determined by the degree of your irreversible hearing loss is known as permanent partial disability (PPD).
- Vocational rehabilitation: If you are unable to resume your prior employment due to your hearing loss
Wisconsin has particular formulas to determine hearing loss compensation. For instance, a schedule specified by state law may be used to determine benefits based on the percentage of hearing loss in one or both ears.
5. Pay Attention to Deadlines
In Wisconsin, you can typically submit a workers’ compensation claim within six years of learning that you have hearing loss. To protect your rights and guarantee timely access to care, early intervention is highly advised.
You can appeal to the Wisconsin Department of Workforce Development (DWD) if your claim is rejected. Hearings, medical evaluations, and possibly legal counsel are all part of this procedure.
The Significance of Legal Assistance
Claims for hearing loss can be complicated, particularly if the harm happened gradually or if several employers may be at fault. Insurance companies may attempt to minimize your condition, claim it is age-related, or make an inadequate settlement offer.
An accomplished workers’ compensation lawyer can help with that, and an attorney can assist you by:
- Making sure your claim is accurately recorded
- Defending you in hearings or appeals
- Making the most of your payout under Wisconsin legislation
- Holding employers responsible for disregarding safety procedures
Many Wisconsin workers have received assistance from Johnson Law Offices in navigating the legal system and pursuing their rightful benefits. We are here to offer you the support you require, free of charge, because we recognize the difficulties you are facing.
Suffered Hearing Loss While Working? Contact Us!
The Workers’ Compensation Program was established in 1911 to encourage employers to make the workplace safer by requiring safety programs and the use of safety devices. Since 1911, there have been over 2.5 million workers’ compensation claims filed. Hearing loss workers’ compensation claims now rank #3 in the number of occupational disease claims filed.
Hearing loss workers’ compensation benefits are largely undiscovered benefits covering hearing health care, which is often uninsured. Many health insurance policies and programs, like Medicare, do not cover hearing aid purchases, but workers’ compensation can. It also pays for the disability of hearing loss, just as it does for the loss of eyesight or other injuries.
Aging populations, advances in technology, and greater sensitivity to hearing loss are bringing more attention to financing hearing health care. For the most part, those who qualify for hearing loss workers’ compensation benefits are retired hearing-impaired workers who live on fixed incomes.
Always feel free to ask Johnson Law Offices about the process, the law, or an individual case. The legal, medical, and audiometric questions that come into play in a hearing loss workers’ compensation claim can be complicated.