Work Related Hearing Loss in Pennsylvania: A Claim With Its Own Rules

Noise exposure over years, and a benefit calculated from an audiogram rather than lost wages.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Work related hearing loss is compensable in Pennsylvania as a specific loss benefit, calculated from an audiogram rather than from lost wages. That means it is payable even if you never missed a day of work, which is why so many people who qualify never claim.

It does not depend on missing work

This is the part that surprises people. Hearing loss claims are specific loss claims, and specific loss is paid for the permanent loss itself. You can have worked continuously throughout and still be entitled.

Which is why plant, refinery, construction and manufacturing workers frequently retire with significant noise induced loss and never make a claim. Nobody told them there was one.

How it is measured

By audiogram, performed to a defined standard, with the result converted into a percentage of binaural hearing impairment. There is a threshold below which no award is payable, and the benefit scales above it.

Testing conditions matter. Have it done properly rather than relying on a screening at a health fair, and be aware that an employer’s own periodic testing programme may already have created a useful record of your decline over years.

The causation argument

Insurers argue that hearing loss is age related, that it came from shooting or motorcycles, or that the pattern does not match noise exposure. Noise induced loss has a recognisable audiometric shape, and an experienced examiner can distinguish it.

Long service in a documented noisy environment is powerful. Ask whether your employer conducted noise surveys or issued hearing protection, because both establish that the workplace was loud enough to require it.

Tinnitus

Persistent ringing frequently accompanies noise induced loss and is worth reporting explicitly rather than mentioning in passing. It affects sleep and concentration and it is easy to leave out of a record focused on decibels.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Can I claim for hearing loss if I never missed work?

Yes. Hearing loss is compensated in Pennsylvania as a specific loss benefit, calculated from an audiogram rather than from lost wages, so it is payable even where you worked continuously throughout. This is why many people who qualify never claim.

How is the award calculated?

From an audiogram performed to a defined standard, converted into a percentage of binaural hearing impairment. There is a threshold below which nothing is payable, and the benefit scales above it. Testing conditions matter, so have it done properly.

The insurer says my hearing loss is just age.

Noise induced hearing loss has a recognisable audiometric pattern that an experienced examiner can distinguish from age related loss. Long service in a documented noisy environment is strong support, and employer noise surveys or the issuing of hearing protection help establish it.

I have ringing in my ears as well.

Report tinnitus explicitly rather than mentioning it in passing. It commonly accompanies noise induced loss, it affects sleep and concentration, and it is easily omitted from a record that focuses on decibel thresholds.

I already retired. Is it too late?

Not necessarily, though deadlines apply and they turn on when the loss was or should have been discovered. Retired plant, refinery and manufacturing workers are the group most likely to have an unclaimed entitlement, so it is worth a phone call rather than an assumption.

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Would rather talk now? (610) 601-2980