Workplace caused Hearing Loss- Is it compensable in Illinois?

The Illinois Workers’ Compensation Act has a specific provision that covers hearing loss caused by noise levels in the workplace. There are very specific rules on whether this loss is covered under the Act. The hearing loss can be caused over a long period of time. It can get very confusing and can be extremely difficulty to prove. Employers typically fight these cases due to the complexities and details, which must be established by the worker.

In order to prevail in a hearing loss claim in Illinois, the employee must prove the noise levels that he/she was exposed to and establish that he/she was exposed to the noise levels for an adequate time of day.  The hours per day that an employee must prove they were exposed to the noise levels depends on the decibel level of the noise.  Many large employers have noise surveys done form time to time in insure they are complying with OSHA regulations.  These noise surveys are important if an employee is going to establish the hearing loss is related to work related noise exposure.

Also the deficiencies in hearing must occur at the 1000, 2000, and 3000 frequency ranges.  Hearing loss outside these ranges is not considered in a workers’ compensation claim.  Whether the hearing loss is within these ranges must be determined by audiometric studies. Many employers conduct yearly or bi yearly hearing test on their employees.  These progressive studies can be important in showing the constant decrease in an employee’s hearing caused by the noise levels in the working environment.

Other evidence that is considered in a hearing loss case is whether the employer provided hearing protection and what type of hearing protection was provided.  This can be important in determining whether any hearing loss is covered under the Act.

As you can see, proving that hearing loss is compensable under the Illinois Workers’ Compensation Act can be difficult and extremely detailed.
An experienced attorney can help you navigate these waters and insure all the evidence that is available to you is used to prove your claim.