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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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