Hearing Loss Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Job-Related Hearing Loss

Some workers in Illinois may be exposed to dangers that could affect their hearing. Whether you experience a loud noise or a head trauma injury, you could lose your hearing while carrying out your work duties. Fortunately, you can file for hearing loss workers’ compensation to recover financial compensation for your losses. 

When pursuing a workers’ compensation claim, an experienced law firm like IL Work Injury Lawyer can play an important role. Our team has vast experience with work-related hearing loss and other injuries. We will fight for fair compensation to ensure your financial future is secure after getting hurt at work. 

Why Choose IL Work Injury Lawyer

Getting hurt in a work environment can be a stressful experience, especially if you are forced to miss work or pay costly medical bills. Our firm knows what it takes to support your workers’ compensation claim and increase your chances of a fair settlement. 

Our top-rated workers’ compensation attorneys in Chicago are recognized among the top 5% of legal professionals by Super Lawyers. We also maintain an A+ grade from the Better Business Bureau. 

What Are the Most Common Causes of Hearing Loss at Work in Illinois?

Several scenarios can cause occupational hearing loss:

• Repeated exposure to loud machinery or industrial equipment (construction, manufacturing, and transportation industries)
• Explosive or high-impact noise events (mining, utilities, and agriculture industries)
• Exposure to ototoxic chemicals combined with noise exposure

These elements, especially if they are repetitive, can lead to hearing loss that impacts both your professional and private life. 

What Types of Occupational Hearing Problems Qualify for Workers’ Compensation in Illinois?

The Illinois Workers’ Compensation Act (820 ILCS 305) states that injuries that occur during employment may be eligible for workers’ compensation benefits. For hearing loss, the issues must be directly caused by your job and meet the state’s impairment standards. 

Here are the types of hearing loss injuries that could qualify for workers’ comp payments:

• Permanent hearing loss in one ear – typically from sudden trauma, blast injuries, or prolonged exposure
• Permanent hearing loss in both ears – often from prolonged work in environments with harmful noise levels without adequate hearing protection
• Tinnitus – constant ringing or buzzing in the inner ears due to hazardous noise levels or head injury
• Mixed hearing loss – a combination of conductive and sensorineural hearing loss from multiple job-related causes
• Noise-Induced Hearing Loss (NIHL) – gradual loss from prolonged exposure above the Occupational Safety and Health Administration’s 85 dB permissible exposure limit (29 CFR 1910.95).
• Traumatic hearing damage – caused by falls, heavy equipment accidents, explosions, or other single incidents

If you want to receive hearing loss workers’ compensation benefits, the following must be true about your condition:

• It arose out of and in the course of your job duties
• It has been verified by a licensed audiologist or physician with baseline hearing tests
• It meets the Illinois threshold of impairment, which is defined as average hearing loss greater than 30 dB at key speech frequencies

How to File a Hearing Loss Claim in Illinois

Receiving workers’ comp benefits after you have suffered hearing loss will depend on the steps you take after discovering the issue. Here is what you must do to increase your chances of earning fair compensation:

• Report the injury to your employer within 45 days
• Complete a written injury report according to your employer’s standards
• Seek medical evaluation and treatment, retaining all medical records
• File your claim with the Illinois Workers’ Compensation Commission (IWCC)
• Consult an expert attorney from our Chicago firm if your claim is denied or the benefits are insufficient

What Hearing Loss Workers’ Compensation Benefits Are Available in Illinois?

Hearing loss can have a substantial impact on your future, especially regarding your finances. If you miss time at work to recover from your injuries, or if your work capacities are lessened, you can pursue compensation to make up for these losses.

Here are the primary benefits you could apply for through workers’ comp insurance:

• Lost income replacement – Typically up to two-thirds of your average weekly wages
• Medical expenses – Coverage for all reasonable costs associated with your treatment, including surgery, emergency care, hearing aids, medications, and rehabilitation
• Temporary partial disability – Temporary payments for the difference in wages due to decreased work capacity
• Temporary total disability – Wage replacement while you are out of work recovering from your injuries
• Permanent partial disability – Ongoing payments to cover the loss in wages due to a diminished ability to work
• Permanent total disability – Lifelong payments to cover lost wages due to your traumatic hearing loss
• Vocational rehabilitation – If you incur expenses for training for a new job, these can be covered by the workers’ comp claim

Example Workers’ Compensation Hearing Loss Cases

Miguel, a roofer, was on a job in 2012 when he fell off a roof about ten feet above the ground and landed on a concrete surface. He suffered multiple fractures, particularly on the left side of his head. Some of the side effects of this injury include Tinnitus and work-related hearing loss. Miguel received a $6 million settlement from his workers’ compensation case, which included $250,000 upfront and lifelong payments. 

Raul, a farm worker in his 60s, was at work when a falling branch struck him in the head. He suffered a temporary loss of consciousness because of the physical injury, as well as a torn rotator cuff. Another side effect of the significant injury was a partial loss of hearing. Raul sought workers’ compensation for a total disability. He was awarded a $300,000 workers’ compensation settlement, along with lifetime monthly payments of $6,750 because of his disabilities. 

Can I File a Third-Party Lawsuit for Occupational Hearing Loss?

A third-party lawsuit may be an option if someone else’s negligence caused your work-related injuries. Here are a few scenarios that could result in additional compensation:

• 735 ILCS 5/2-21 allows injured victims to seek damages if a defective product caused their injuries, holding the manufacturer liable
• 740 ILCS 130/ requires property owners to demonstrate reasonable care to prevent injuries on their properties, so you could file a lawsuit if a property hazard caused your workplace injury
• If a defective product (unsafe machinery), workplace conditions, or a negligent third party caused your accident, you may be eligible for a third-party lawsuit in addition to your workers’ compensation case

How Our Workers’ Comp Lawyers Can Help 

Navigating a workers’ comp claim on your own can be challenging. If the claim is denied or you receive reduced payments, financial recovery may be difficult, along with the challenges of the hearing loss. 

IL Work Injury Lawyers can provide crucial legal services to support your pursuit of compensation:

• Comprehensive claim management
• Gathering evidence to support your claim
• Working with experts to secure medical evidence and prove hearing loss
• Negotiating with insurers
• Pursuing appeals with the IWCC
• Litigating in civil court if necessary

FAQs

Do I need to prove my employer failed to provide hearing protection to get benefits?

You can receive workers’ compensation benefits for hearing loss injuries regardless of fault. You would only need to prove negligence if you were pursuing a third-party injury lawsuit. Then, you would need evidence that the employer did not provide appropriate hearing protection devices.

What types of medical evaluations are needed to prove loud noise-induced hearing loss?

Primarily, you will need medical test results to support your hearing loss claim. Some of the most common hearing tests include audiometry, bone conduction tests, and otoacoustic emissions. 

Book a Free Consultation 

Whether you experienced a sudden, extremely loud sound or have permanent occupational hearing problems due to ototoxic chemicals, you deserve to receive benefits for your losses. At IL Work Injury Lawyer, we know what it takes to navigate the claims process and obtain wage replacement, medical costs, hearing aid expenses, disability benefits, and vocational rehabilitation reimbursements. 

Our top-rated Chicago work injury law firm works on a contingency fee basis. This means you owe nothing unless we win your case. Our payment is then deducted from the total settlement amount. Additionally, we offer a free consultation so you can ask questions about the legal process and your specific case. 

Contact our law firm today to schedule a free case evaluation. We represent hearing loss clients throughout Chicago and Illinois.