Many workers, especially those in construction, agriculture, and industry, work in conditions where it is extremely noisy. After months or years of exposure to loud sounds, workers may lose part or all of their hearing. This hearing loss is often covered as an occupational illness under the North Carolina and Virginia workers’ compensation laws. In some cases, just one loud explosion can cause a worker to have a justifiable workers’ compensation claim based on a workplace accident.
In Virginia, under VA Code 65.2-503 (15), a total loss of hearing due to workplace conditions or accident can pay up to 50 weeks of temporary total disability compensation (2/3rds of the injured worker’s average weekly wage). The percentage of hearing loss is determined by the degree permanent loss in terms of decibels. This is set forth in the Hearing Loss Table. In Virginia, injured workers are not entitled to any compensation for hearing loss that is less than a reduction of 27 decibels.
In North Carolina, under North Carolina General Statute 97-53 (23), a total loss of hearing in both ears can pay up to 150 weeks of compensation; however, the law relating to the percentage of compensation for less than 100% loss is somewhat complex. One rule that is different is that unless there was pre-existing hearing loss in one ear, hearing loss is only compensable if there is a hearing loss in both ears. Tinnitus, or ringing in the ears, is not compensable in North Carolina.
It should be noted that this permanent partial impairment mode of compensation (the percentage of hearing loss x the maximum number of weeks) does not take into account an injured worker who suffers a severe hearing loss that would prevent him or her from returning to his or her pre-injury job. In that circumstance, one could conceivably negotiate a settlement based on based on the remaining weeks under an Award for benefits, which can be for up to 500 weeks.
Whether loss of hearing constitutes a disability from work is based on the worker’s communications needs and ability to perform his/her job tasks. Workers such as police and air traffic control workers, for instance, need high and middle level frequencies to do their hearing-critical jobs. A severe hearing loss might accordingly prevent them from returning to that occupation and result in a potential significant recovery in a settlement scenario.
There are numerous ways workers and employers can help reduce the risk of hearing loss or tinnitus which is a ringing in the ears. Choosing the right hearing protection device can be difficult when there are so many choices – by style, color, size, and materials. The doctors recommend that workers consider the following factors:
Several physicians posted a report on the Centers for Disease Control and Prevention website explaining hearing protection choices when the volume can’t be turned down or the time you’re exposed to the loud sounds can’t be limited.
In addition to hearing loss, difficulty communicating when its noisy can lead to communication errors which can lead to accidents.
Understand how much notice reduction protection you need
Most exposures to industrial noise are lower than 95 dBA (a decibel level)– “which means most workers require no more than about 10 dB of noise reduction to meet the NIOSH Recommended Exposure Limit of 85 dBA.” Most hearing protection devices that fit correctly can meet this 10 dB requirement. Workers can measure the decibel levels at work with an app for their smartphone- such as the NIOSH Sound Level Meter.
If the noise level is more than 95 dBA, then greater noise reduction devices are required – though workers should be concerned about reducing the noise level too much. “Too little sound can make you feel isolated and less aware of your surroundings.” Workers who are overprotected may regularly feel the need to remove the hearing protection device just to hear a co-worker or supervisor speak. The aim should be to bring the noise level down to 75-85 dBA.
Workers should consider fit-testing their device. “If fit-testing is not available at your workplace, you can check the earplug fit by counting out loud while slowly cupping and uncupping your hands over your ears; if you have a good fit, your voice should sound about the same as you cup and uncup your ears. NIOSH QuickFitWeb can also be used to check if you are getting more or less than 15 dB of sound reduction.”
Some workers who work where the noise levels are more than 100 dBA should wear another form of hearing protection such as earmuffs over earplugs. Chainsaws and jackhammers have noise levels more than 100 dBA. Some devices such as nail guns or weapons exceed the 100 dBA level too.
Understand your worksite and the task your job requires
Workers need to consider what other protective devices they need to wear and how they may interact or interfere with the chosen form of hearing protection they use. Examples include:
- Eye protection
- Hard hats
- Other head-level personal protective equipment (PPE)
- A respirator
Some of these other devices can interfere with the hearing protector. For example, earmuffs can interfere with how hard hats or helmets fit. The hearing protection device should be compatible with the other types of protective equipment you need.
Workers should also review whether the noise is continuous – or is active sometimes and quiet at other times. Some devices are easier to adjust if you stay in the same place all the time – as opposed to moving to different locations. Some hearing protection devices are designed to adjust to intermittent noise exposures.
If your hands regularly get dirty, then it helps to avoid devices that require you to use your hands before inserting the device – unless it’s easy to wash your hands before inserting the device.
Workers should think how often they need to hear while wearing the hearing protective device. For example, musicians may need to wear “flat attenuation hearing protectors” while playing their instrument with others. “Special communication headsets can also improve speech communication in very loud environments.”
Decide which hearing protection device is both comfortable and convenient
Hearing protection devices only work “if you wear them consistently and correctly every time you are exposed to hazardous noise.”
Many workers prefer earplugs to earmuffs – especially if they have to wear the device for long lengths of time or when it’s hot. Earplugs are generally easier to store, lighter, and easier to keep around for unexpected noise exposure. On the other hand, earplugs are often tougher to fit properly. Earplugs may come in different sizes – so, it makes sense to try them out. Additionally, earplugs often need to be replaced often. Some are even designed to be worn just once and then thrown away.
Earmuffs or headphones are usually one-size fits all devices. “Many people find them easier to fit properly and consistently. Earmuffs are easier to remove and replace quickly, so they can be preferable for intermittent use.” They’re generally less comfortable though, because they’re bulkier than earplugs. On the plus side, earmuffs are more durable.
Workers should take the time to choose the right hearing protection devices for their workplace before they begin working. The main key is to find the hearing device though you’ll wear every time you are exposed to any noise level at work that is above 85 dBA.
Your employer may have recommendations. Your general physician or an audio specialist will have their own set of recommendations.
- North Carolina and Virginia workers’ compensation lawyer Joe Miller Esq. is a premier workers’ compensation attorney. He’s helped thousands of injured and ill workers in North Carolina and Virginia get just recoveries for occupational illnesses and injuries such as hearing loss. He’ll work with your physicians to document the severity of your hearing loss. He’ll work to determine the cost of the hearing devices that you’ll need for the rest of your life. He’ll also explain what permanent damages workers who lose part or all of their hearing are entitled to – even if they can return to work. To speak with an experienced work injury lawyer, call North Carolina and Virginia lawyer Joe Miller, Esq., at 888-667-8295. or fill out my online contact form or our new online case evaluation form to start the process of having your claim evaluated by Mr. Miller and his team.
