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Published April 2004
Two-year limit set on filing hearing-loss claims
By
John Wolcott
SCBJ Editor
For the first time, when a significant new Washington law takes effect Sept. 10, workers’ compensation claims for permanent job-related hearing losses will have to be filed within a two-year period after the time when a physician determines that loss.
“Before, workers could file claims even 20 years or more after their hearing was damaged by workplace noise,” said Michael Mallahan, a clinical audiologist and director of The Hearing and Balance Lab in Everett.
“Now those claims must be filed in a more timely manner or workers will forfeit their right to the permanent partial disability hearing loss compensation that normally has been paid. A lump-sum payment could be $10,000 to $25,000, depending on the degree of hearing loss,” he said.
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How much noise is too much? According to the National Institute for Occupational Safety and Health, hearing loss from noise is the second most frequently self-reported occupational illness for American workers. For construction workers, hearing loss often begins early in their careers and results in hearing impairment by the age of 50. In Washington, the permissible exposure limit for an eight-hour shift must average no more than 85 dBA. Workers with a full-shift exposure above that level are required to wear hearing protection devices, have annual tests and receive training on noise exposure and hearing-loss prevention. Measured on a decibel scale (dBA), a whisper is about 30 dBA, normal conversation is 60 to 70 dBA, power tools range between 90 to 110 dBA, while operating a bulldozer generates sound at 100 to 112 dBA. If two people at arm’s length have to raise their voices to be heard, the noise around them is above 85 dBA, according to a University of Washington study. For more information about the study, visit online, call 206-543-9711 or send e-mail to cnstsafe@u.washington.edu. |
Mallahan is concerned that most workers who would qualify for that compensation are unaware of the coming change.
“Some labor unions are notifying their members, but I don’t think most workers are aware of it,” he said. “Hearing instruments will still be covered, but the monetary compensation claims will be limited to that two-year window.”
Unfortunately, he said, most workers with hearing losses don’t have hearing exams or consider hearing instruments until their family or friends have complained about their hearing problems for years.
For construction workers, the new law could have a significant impact. The highest incidences of hearing loss are associated with their industry. Nationally, hearing-loss claims linked to construction noise have risen nearly 40 percent over the past decade, according to statistics from the National Institute for Occupational Safety and Health.
“That’s why OSHA and WISHA are preparing more stringent regulations for the construction industry, including mandating hearing-loss prevention programs. Many major companies have those programs, but largely, they’re not available or not used,” said Mallahan, who recently attended a National Hearing Conservation Association conference in Seattle.
University of Washington Associate Professor William Daniell, a speaker at the conference, presented studies of hearing-loss claims, noise levels and noise prevention programs in 10 major industries, including the construction industry, where bulldozers, excavators, loaders, cranes, jackhammers and lift trucks are in common use.
The report notes that construction workers in Washington state are five times more likely to file workers’ compensation claims for hearing loss than workers in all other occupations combined.
“The noise doesn’t have to be constant to cause damage,” Mallahan said. “There is a lot of potential harm from infrequent explosive noises.”
He has found many instances of workers wearing ear protection only rarely or not at all on construction sites.
“They wear eye protection because eye injuries hurt, but hearing losses don’t hurt, so workers realize too late that they have damage,” he said.
Mallahan said workers need to consider noises around them as well.
“Operators of excavation equipment or graders may be wearing hearing protection, but flaggers and workers around the equipment may not be, even though there are dangerous levels of noise affecting them,” he said.
© 2004 The Daily Herald Co., Everett, WA
