What are the workers compensation provisions that apply to a hearing loss case?
Under the workers’ compensation law, loss of hearing due to industrial noise is regarded as an occupational disease, and is defined as loss of hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful noise is noise that produces occupational deafness. The statutory period of limitations for cases involving loss of hearing due to industrial noise does not begin to run until the employee files a claim for compensation with the Division of Worker’s Compensation. The claim for compensation for occupational deafness may be filed after six months’ separation from the noisy work for the last employer in whose employment the employee was exposed to harmful noise. The date of the disability is the last day after the period of separation from the noisy work. For additional questions that apply to your specific situation you need to consult an attorney.
