Workers' Comp Hearing Loss Settlement: What You Need to Know

Hearing loss is a common workplace injury that affects workers across various industries in Washington State. Constant exposure to loud noises, machinery, and equipment can gradually damage the delicate structures of the inner ear, leading to hearing impairment.

Thankfully, Washington’s workers' compensation laws recognize hearing loss as a compensable injury, providing a safety net for those whose hearing has been damaged due to their employment.

If you've experienced hearing loss in your work environment, it’s important to know your rights and options in order to obtain the compensation and medical care you need.

The experienced workers' compensation attorneys at Lehmbecker Law are committed to helping injured workers. We've created this helpful guide to provide you with the information you need to successfully navigate the process of filing a workers' compensation claim for hearing loss.

Hearing Loss Statistics in Washington State

Hearing impairment is a significant occupational health issue in Washington.

According to the Washington State Department of Labor & Industries (L&I), hearing loss is one of the most common occupational diseases reported in the state. According to L&I statistics, there were about 1,100 recorded workplace hearing loss cases in 2022.

These figures highlight the prevalence of hearing loss among workers in numerous industries, including construction, manufacturing, transportation, and agriculture. The impact of hearing loss can be significant, affecting not only an individual's ability to work and communicate but also their overall quality of life.

Causes of Hearing Loss at Work

Workplace hearing loss can have any number of causes, including:

• Loud machinery: Manufacturing plants, construction sites, and other industrial environments often have loud machinery that can contribute to hearing impairment.
• Power tools: The use of power tools like drills, saws, and jackhammers can generate high levels of noise that damage hearing over time.
• Vehicles and engines: Workers in transportation and other industries may be exposed to loud and continuous noises from vehicles, engines, and other equipment.
• Explosions and blasts: In some industries, workers may be exposed to intense noise from explosions or blasts, which can cause immediate and permanent hearing damage.

Long-term exposure to loud noise is the most common cause of workplace hearing loss. However, even a single exposure to an extremely loud noise can cause immediate and irreversible hearing damage.

Suffering in Silence: The Hidden Dangers of Work-Related Hearing Loss

Work-related hearing loss means more than just difficulty hearing — its harmful effects can creep into almost every facet of your life.

The physical health risks of hearing loss include:

• Increased risk of accidents due to difficulty hearing warnings
• Tinnitus (ringing in the ears)
• Potential links to cognitive decline and heart problems

Damaged hearing can also have mental and emotional effects, such as:

• Increased stress, fatigue, and difficulty concentrating
• Social isolation and loneliness
• Depression and anxiety

From an economic and social standpoint, hearing loss can result in:

• Reduced productivity and efficiency at work
• Lowered earning potential and career advancement challenges
• Increased healthcare costs due to treatments and assistive devices
• Strained relationships with family, friends, and colleagues

Diminished hearing can take a toll on not only your physical health but also your mental and emotional well-being, relationships, career, and finances.

Types of Work-Related Hearing Loss

Hearing loss can manifest in various ways, each with distinct causes, secondary symptoms, and potential impacts on an individual's life. Understanding the different types of hearing loss is the first step in determining eligibility for workers’ compensation.

Hearing Loss Types by Damage

Workplace hearing loss is generally classified into three main types based on the damage that caused it.

Conductive

Conductive hearing loss occurs when sound waves are unable to travel efficiently through the outer or middle ear. This can be due to blockages in the ear canal, such as earwax buildup, fluid in the middle ear, or damage to the eardrum or ossicles (the tiny bones in the middle ear). Conductive hearing loss can often be treated medically or surgically.

Sensorineural

This type of hearing loss is caused by damage to the inner ear, specifically the hair cells in the cochlea or the auditory nerve. Damage of this kind may be caused by aging, exposure to loud noise, certain medications, or underlying medical conditions. Sensorineural hearing loss is usually permanent but can often be managed with hearing aids or other assistive devices.

Mixed

Mixed hearing loss results from a combination of conductive and sensorineural causes. It may occur when an individual has existing conductive hearing loss that’s further complicated by damage to the inner ear.

Hearing Loss Types by Cause

In the context of workers’ compensation, hearing loss can also be categorized based on cause.

Traumatic Hearing Loss

Traumatic hearing loss is caused by a single exposure to a very loud noise, such as an explosion or gunshot. It can result in immediate and permanent hearing damage and may lead to higher compensation due to its sudden and severe nature.

Noise-Induced Hearing Loss

Also known as gradual hearing loss, noise-induced hearing loss develops over time due to repeated exposure to loud noises in the workplace. The accumulating damage eventually leads to irreversible hearing impairment.

Legal Protection for Workers with Hearing Impairment

Washington State has several laws that protect workers from occupational hearing loss, including the following:

The Washington Industrial Safety and Health Act (WISHA)

WISHA is one of Washington’s most important occupational safety laws. It requires employers to provide a safe and healthy workplace, including measures to protect workers from excessive noise exposure.

Washington State Workers' Compensation Law

This law provides compensation for workers who suffer hearing loss due to their employment as part of a larger framework of protections and benefits for workers injured in the course of their duties.

The Occupational Safety and Health Administration (OSHA) Noise Standard

This federal standard sets permissible noise exposure limits and requires employers to implement hearing conservation programs for workers exposed to high levels of noise.

Laws like these provide an enforceable means of protecting workers' hearing and ensuring that they receive appropriate compensation if they suffer hearing loss due to their work.

When Should You Seek Workers' Comp for Hearing Loss?

If you suspect you have hearing loss due to your job, it's crucial to seek medical attention and meet with a workers' compensation attorney as soon as possible. Early diagnosis and treatment can help prevent further damage and improve your chances of receiving full compensation.

‍Here are some signs that you may have work-related hearing loss:

• Ringing or buzzing in the ears
• Difficulty understanding conversations, especially in noisy environments
• Muffled hearing
• A feeling of fullness in the ears

If you experience any of these symptoms, see a doctor for a hearing test. If the test confirms hearing loss, your doctor can help determine whether it’s work-related.

Who Is Eligible for Workers' Comp After Hearing Loss?

To be eligible for hearing loss workers' compensation benefits in Washington, you must meet three key criteria:

• Your employment must have caused your hearing loss.
• You must have worked in a noisy environment for a significant amount of time.
• Your hearing loss must be diagnosed by a qualified medical professional.

If you satisfy these conditions, you may be entitled to compensation for medical expenses, lost wages, and other losses related to your damaged hearing.

What Workers' Compensation Covers

If your workers' compensation claim for hearing loss is approved, you may be eligible for a range of benefits designed to address the financial and medical impacts of your condition. Understanding what is and isn't covered can help you handle the claims process and maximize your available compensation.

In Washington, workers' compensation covers the following costs:

Medical Expenses

Workers' comp will cover all reasonable and necessary medical costs related to your hearing loss, including those for doctor visits, diagnostic hearing tests, specialist consultations (such as audiologists), and the cost of hearing aids or other assistive devices, like cochlear implants. It may also pay for any necessary medical procedures or therapies related to your condition.

Lost Wages

If your hearing loss prevents you from working or reduces your earning capacity, you may be entitled to temporary total disability (TTD) or temporary partial disability (TPD) benefits. These benefits are meant to replace a portion of your lost wages while you’re unable to work or your earning capacity is reduced.

Permanent Partial Disability (PPD)

If your hearing loss results in a permanent impairment, you may receive a permanent partial disability settlement. Your benefits will be calculated based on the degree of your impairment, your average weekly wage, and other factors. PPD benefits can be paid either in a lump sum or in weekly installments.

Vocational Rehabilitation

If your hearing loss significantly impacts your ability to perform your current job, you may qualify for vocational rehabilitation services. These services can help you explore new career paths, obtain retraining, and find suitable employment that accommodates your hearing impairment.

What Workers' Compensation Doesn’t Cover

It's important to understand that Washington’s workers’ comp system doesn’t cover all injury-related losses and effects. This is due to the no-fault nature of workers' compensation, which focuses on providing benefits regardless of who was responsible for the injury or illness.

Pain and Suffering

Unlike personal injury lawsuits, workers' compensation typically doesn’t offer compensation for pain, suffering, or emotional distress associated with hearing loss. Because workers' compensation is a no-fault system, it focuses on providing financial support for medical treatment and lost wages.

Punitive Damages

Similarly, punitive damages, which are awarded in rare cases to punish at-fault parties for egregious negligence or intentional harm, are unavailable under workers' compensation.

Filing a Workers' Compensation Claim with L&I

If you've been diagnosed with work-related hearing loss, workers' comp benefits will be critical for covering your medical expenses, lost wages, and other associated costs. Here's a brief overview of how to initiate the claims process with the Washington State Department of Labor & Industries.

1. Report Your Condition to Your Employer

Inform your employer about your hearing impairment as soon as possible. Provide a written notice that includes details about your job duties, noise exposure levels, and any symptoms you're experiencing.

It's critical to report your hearing loss promptly to ensure the timely processing of your claim. Note that the deadline for filing occupational disease claims is typically two years from the date you receive a written notification from a physician confirming your disease.

2. Seek Medical Evaluation

Consult an audiologist or another medical professional specializing in hearing loss for a comprehensive evaluation. They’ll conduct a hearing test (audiogram) to assess the extent of your impairment and diagnose the specific type of hearing loss. Let them know that you believe the hearing loss is a result of your workplace environment. Ask them to submit an L&I claim for you with the supporting medical.

3. Gather Supporting Evidence

Next, you’ll need to collect evidence to back up your claim, such as:‍

• Noise level measurements taken at your workplace.
• Witness statements from coworkers who can attest to the noise levels and your exposure.
• Your work history, including the duration of your employment and the tasks you performed.
• Any previous hearing tests or medical records related to your hearing.

Records like these will be pivotal when it comes to substantiating the connection between your work duties and your subsequent hearing loss.

4. Await Your Claim Review

The officials at L&I will thoroughly review your claim, assessing your medical evidence, work history, and noise exposure records. They may request additional information or an independent medical examination (IME) to evaluate your hearing loss further.

5. Receive the Claim Decision

After reviewing your claim, L&I will issue a decision either accepting it as compensable or denying it. If your claim is approved, you’ll receive benefits for medical treatment and lost wages (if applicable), along with a potential permanent partial disability award if your hearing loss is permanent.

6. Start the Appeals Process (If Necessary)

If L&I denies your claim, you have the right to appeal the decision. You must file your appeal with the state’s Board of Industrial Insurance Appeals (BIIA) within 60 days — otherwise, the denial will stand, and you’ll have no choice but to explore alternative avenues for dealing with the effects of your condition.

Calculating workers' compensation benefits for hearing loss can be complex and involves various legal and medical considerations. It's wise to consult an experienced workers' compensation attorney to ensure that your rights are protected and improve your chances of receiving the compensation you’re entitled to.

Factors Influencing Workers' Compensation Payouts for Hearing Loss

Several factors come into play when determining the amount of compensation claimants receive for work-related hearing loss claims, including the severity of the condition and the worker’s age, occupation, and average weekly wage.

Severity of Hearing Loss

The type and extent of your hearing loss, as measured in decibels (dB) using a standardized audiogram, is the primary factor influencing your payout. The greater the loss, the higher the potential compensation.

Washington uses a schedule to determine the percentage of hearing loss in each ear, which translates to a specific benefit amount based on your average weekly wage.

Average Weekly Wage (AWW)

Your pre-injury average weekly wage is another key element in calculating your workers' compensation benefits. In general, the higher your AWW, the higher your potential payout. This is because your benefits are typically a percentage of your AWW, ensuring that the compensation you receive reflects your earning capacity before the injury.

Age and Occupation

Your age and occupation can also play a role in determining your benefits. Younger workers with a longer potential working life may be eligible for higher awards compared to older workers nearing retirement. Additionally, if your occupation requires specific hearing duties, the impact of your hearing loss on your ability to perform your job will be taken into consideration.

Other Factors

While the above-mentioned factors are the primary determinants, other details can also increase or decrease the total value of your claim.

Binaural vs. Monaural Hearing Loss

If you have hearing loss in both ears (binaural), your compensation may be higher than if you had hearing loss in only one ear (monaural).

Need for Hearing Aids or Assistive Devices

The cost of hearing aids, cochlear implants, or other assistive devices can be factored into your benefits to ensure that you have access to the tools you need to manage your hearing loss.

Vocational Rehabilitation

If your impairment impacts your ability to perform your current job, you may be eligible for vocational rehabilitation services to help you transition to a new career. The cost of these services can be included in your workers' compensation benefits.

Pre-Existing Conditions

If you had pre-existing hearing loss that was worsened by your work exposure, your compensation may be adjusted accordingly.

Average Payouts for Hearing Loss in Washington

The average amount for hearing loss workers' compensation claims in Washington can vary widely according to the circumstances of the case.

The following examples of compensation for hearing loss are based on L&I's 2023 PPD schedule:

• Complete Loss of Hearing in One Ear: $19,802.04
• Complete Loss of Hearing in Both Ears: $118,813.20

For more context, here are some approximate ranges for workers’ comp benefits and settlements negotiated with the assistance of a workers’ compensation attorney:

• Mild Hearing Loss in Both Ears: $5,000–$10,000 or more
• Significant Hearing Loss in One Ear: $15,000–$30,000 or more
• Significant Hearing Loss in Both Ears: $30,000–$75,000 or more

It's important to stress that these are just examples, not authoritative figures. Your settlement could be higher or lower, depending on the specifics of your case.

The Role of an Attorney in Workers' Compensation Claims

Having an experienced workers' compensation attorney by your side can be highly valuable when it comes to filing or appealing a hearing loss claim.

Your attorney can help you by:

• Protesting your claim denials
• Gathering and presenting medical evidence
• Representing you at hearings
• Appealing denied claims

With the aid of a qualified legal professional, you stand to receive far more from your claim than if you were to attempt to negotiate it on your own.

Take the First Step Toward Fair Compensation

If you're experiencing hearing loss due to your work, you may be entitled to workers' compensation benefits in Washington State. Seeking trustworthy legal representation from a qualified attorney can significantly improve your chances of obtaining the necessary medical care and financial support.

The compassionate work injury attorneys at Lehmbecker Law understand the challenges you’re facing, and we're here to help you pursue the compensation you need to overcome them. Contact us today to schedule a free consultation and stand up for your rights as a worker.