Does Oklahoma Workers’ Compensation Provide Benefits for Hearing Loss?

Oklahoma’s Workers’ Compensation system supports employees who incur injuries or illnesses due to their job. Among the various occupational health concerns, hearing loss is a significant issue affecting many workers, especially those in environments with high levels of noise. Does Oklahoma Workers’ Compensation provide benefits for hearing loss? Tulsa Workers’ Compensation Attorney Craig Armstrong addresses this question.

What Constitutes Occupational Hearing Loss?

Occupational hearing loss typically results from prolonged exposure to loud environments, commonly seen in industries such as construction, manufacturing, and entertainment. The loss can manifest as partial or complete hearing impairment and is often progressive, meaning it worsens over time.

The CDC National Institute for Occupational Safety and Health (NIOSH) says hearing loss occurs when workers experience hearing damage due to prolonged exposure to loud noise at work, often exceeding 85 decibels (dBA).

• All industries have hearing risks.
• About 22 million workers are exposed to hazardous noise at work each year.
• Over 13 million people work in industries where they have a higher chance of being exposed to ototoxic chemicals.
• In the U.S., hearing loss is the third most common chronic physical health condition among adults, after high blood pressure and arthritis.

Eligibility for Workers’ Compensation Benefits

Under Oklahoma law, for a claim related to hearing loss to be compensable, the following criteria must generally be met:

1. Job-Related Exposure: The hearing loss must be a direct result of the employee’s work environment. This includes consistent exposure to hazardous noise levels dictated by Occupational Safety and Health Administration (OSHA) standards.
2. Medical Diagnosis: A diagnosis from a qualified healthcare professional is necessary to substantiate that the hearing loss is indeed a work-related condition. This typically involves audiometric testing to measure hearing function and determine the extent of the loss.
3. Notification: Employees must report the hearing loss to their employer as soon as possible and within the time frame stipulated by Oklahoma’s Workers’ Compensation laws. Failing to report the condition timely can jeopardize the claim.

What Benefits Might Be Available for Hearing Loss?

Oklahoma Workers’ Compensation may provide several types of benefits for employees suffering from work-related hearing loss:

• Medical Treatment: This includes coverage for diagnostic tests, hearing aids, surgeries, or other necessary medical interventions to address the hearing impairment.
• Temporary Total Disability (TTD): If the hearing loss impacts the employee’s ability to work, they may be eligible for TTD benefits during their recovery. These benefits cover a portion of wages lost due to the inability to work.
• Permanent Partial Disability (PPD): Workers who suffer permanent hearing loss may qualify for PPD benefits. The amount is typically based on the severity of the loss and how it affects the employee’s overall work capacity.

Vocational Rehabilitation: For individuals whose hearing loss hinders their ability to perform their job functions, access to vocational rehabilitation services may be available to help them find suitable employment.

You May Be Entitled to Additional Compensation

Workers who sustain injuries on the job have the potential to seek compensation from parties beyond their employers. For instance, if an injury occurs due to a defective product, the injured worker may pursue a product liability claim against the manufacturer of that product.

Additionally, employers can be held legally accountable if their actions demonstrate extreme recklessness or misconduct that leads to an employee’s injury. A clear example of such reckless behavior would be failing to provide appropriate safety equipment to employees. In these scenarios, the injured worker has the option to file a personal injury claim against their employer.

Get Help Navigating a Hearing Loss Claim in Oklahoma

Filing a Workers’ Compensation claim for hearing loss can present unique challenges. Given the complexities often involved in hearing loss claims, seek guidance from an experienced Workers’ Compensation attorney at The Armstrong Law Firm, PLC, in Tulsa. We can provide valuable insights and assistance in navigating the system to ensure your rights are protected.

Here are some steps to follow:

1. Document Exposure: Keep detailed records of your work environment, including noise levels, duration of exposure, and any protective measures taken.
2. Seek Medical Attention: Get a comprehensive hearing evaluation and follow any recommended treatment protocols.
3. Report the Injury: Notify your employer of the hearing loss and begin the claims process as per your company’s procedures.

Hearing loss is an increasingly recognized occupational hazard in various industries, and Oklahoma Workers’ Compensation does offer avenues for support and benefits for affected employees. Contact The Armstrong Law Firm to learn more about eligibility criteria and the necessary steps for filing a claim.