Hearing Loss Attorney in North Carolina
Key Takeaways
- Work-related hearing loss caused by prolonged exposure to hazardous noise levels or workplace accidents may qualify for North Carolina workers’ compensation benefits.
- Employees in industries such as construction, manufacturing, agriculture, and mining face a higher risk of developing occupational hearing loss.
- Workers’ compensation may cover medical treatment, hearing aids, cochlear implants, and disability benefits based on the severity of the hearing loss.
- Hearing loss claims are often disputed by insurance companies, making it important to establish a clear connection between workplace conditions and the injury.
- Proving a claim may require audiological testing, medical evidence, and documentation showing exposure to harmful workplace noise or chemicals.
- An experienced North Carolina hearing loss attorney can help gather evidence, challenge claim denials, and pursue the full workers’ compensation benefits available under state law.
Work-Related Hearing Loss Claims in North Carolina
If you have developed significant hearing loss because of the conditions at your workplace, you could be entitled to workers’ compensation benefits that cover your medical care and provide additional payments based on the severity of your hearing loss. However, hearing loss workers’ compensation claims can be difficult to prove, and insurance carriers frequently push back.
A hearing loss attorney at Kornbluth Ginsberg Law Group, P.A., can help you understand your legal options and pursue the benefits you deserve. Our law offices in Durham and Sanford serve clients across the Triangle and throughout North Carolina.
Contact us today or call 24/7 at 919-980-9895 for a free consultation about your potential workplace hearing loss claim.
Can Work-Related Hearing Loss Qualify for Workers’ Compensation?
Under North Carolina law, you can qualify for workers’ compensation due to occupational hearing loss, which is defined as a permanent loss of hearing in both ears resulting from prolonged exposure to harmful noise levels in the workplace. Workers who suffer sudden hearing loss from a job-site accident, such as an explosion or a blow to the head, may also qualify for benefits.
The state sets the threshold for harmful workplace noise at 90 decibels. That level exceeds the 85-decibel limit recommended by the National Institute for Occupational Safety and Health (NIOSH).
It is also worth noting that conditions such as tinnitus, while often associated with noise exposure, may not, in and of themselves, qualify for workers’ compensation benefits under state law.
Common Causes of Occupational and Work-Related Hearing Loss
Many North Carolina workers face daily exposure to noise levels that can permanently damage their hearing. Industries like construction, manufacturing, agriculture, and mining are particularly known for exposing workers to sustained noise at levels considered harmful.
Common sources of hazardous workplace noise include:
- Chain saws and concrete saws
- Bulldozers, tractors, and front-end loaders
- Pneumatic tools and pressure washers
- Band saws, table saws, and radial arm saws
- Industrial blowers and large compressors
But noise is not the only threat. Certain chemicals found in workplace environments can also cause hearing loss. Solvents such as toluene and styrene, metals such as lead and mercury compounds, and other industrial substances can be harmful to the structures of the inner ear.
Workers who face exposure to either loud noise or those chemicals may be at even greater risk.
Sudden hearing loss from workplace accidents, including explosions, falling objects, or pressure changes, is another well-documented cause of hearing-related workers’ compensation claims in North Carolina.
What Benefits May Be Available in a Hearing Loss Workers’ Compensation Claim?
Workers’ compensation in North Carolina can provide several forms of support for employees with qualifying work-related hearing loss. The two primary categories of benefits are medical coverage and disability compensation.
Medical benefits cover the full cost of treatment for hearing loss. That includes diagnostic testing and audiological evaluations, as well as hearing aids or cochlear implants when medically recommended.
Disability compensation depends on the type and severity of the loss:
- Total occupational hearing loss in both ears from long-term exposure may entitle the worker to 150 weeks of compensation.
- Partial occupational hearing loss receives a proportional share of that 150-week period based on the measured percentage of loss.
- Total hearing loss in one ear from an accidental injury may qualify the worker for 70 weeks of compensation.
- A complete loss of hearing in both ears from an accident may result in 150 weeks of compensation.
The amount of weekly compensation is typically calculated as two-thirds of the worker’s average weekly wage, subject to an annual cap. If hearing loss prevents an employee from returning to their previous role, workers’ comp may also cover retraining or education for a position they can perform with the condition.
Every workers’ compensation hearing loss settlement or award will depend on the specific facts of the claim, which is why understanding how the system measures and values hearing loss matters.
Challenges in Proving Occupational Hearing Loss Claims
Job-related hearing loss claims are among the most frequently disputed types of workers’ compensation cases in North Carolina. Insurance carriers often challenge hearing loss claims for several reasons.
First, hearing naturally declines with age. The employer’s insurance company will often argue that a worker’s hearing loss stems from aging or non-work-related causes rather than job conditions. That makes it critical to establish a clear medical link between the workplace environment and hearing loss.
Second, North Carolina law treats an employee’s regular use of employer-provided hearing protection as equivalent to removal from harmful noise exposure. As such, if your employer supplied earplugs or other protective equipment and records show you used them consistently, the Industrial Commission may find it harder to link the hearing loss to your job.
Third, the technical requirements of hearing loss claims can be complex. The state measures hearing levels at specific frequencies (500, 1,000, 2,000, and 3,000 cycles per second) using audiometric instruments. It then applies a formula to determine the percentage of hearing loss. Mistakes or gaps in testing can weaken an otherwise valid claim.
Finally, there is a time limit for filing an industrial deafness claim. Delays in seeking medical evaluation or legal help could put your right to benefits at risk.
How Our Hearing Loss Attorneys Can Help Protect Your Rights
At Kornbluth Ginsberg Law Group, P.A., our hearing loss lawyers treat every client the way we would want to be treated: with respect, transparency, and a genuine commitment to achieving the best possible outcome.
We understand the challenges that come with these claims. We will work with audiologists and medical professionals to establish the connection between your work environment and your hearing loss. We will also gather the documentary evidence you need to build the strongest possible case for your benefits.
If your claim has already been denied, our attorneys can review the basis for the denial and determine the best path forward for obtaining workers’ compensation benefits, whether that involves filing an appeal or presenting additional evidence to the North Carolina Industrial Commission.
Speak with a North Carolina Hearing Loss Attorney Today
Work-related hearing loss can change your daily life in ways that go far beyond the workplace. If you suffered hearing loss and believe it resulted from workplace conditions or an on-the-job accident, Kornbluth Ginsberg wants to help.
Call us today or reach out online for a free consultation with our experienced workers’ compensation lawyers who can fight for the benefits you deserve.
