Occupational hearing loss claims can be a bit tricky under the New York State Workers’ Compensation Law. This is because there are different time limits that can be utilized by the injured party. A waiting period must elapse before the claim can be filed; however, the injured worker has a choice of filing 3 months from the date he or she is no longer exposed to the harmful noise or 3 months after leaving the employment in which the harmful exposure occurred.

In certain circumstances, the 2-year statute of limitation applying to occupational diseases can be exceeded if it can be shown that the claimant had no knowledge or reason to know that there was a connection between the exposure and the hearing loss.

Because of the complex nature of these claims, it is always best to counsel with an attorney to ensure that you have not missed the requisite time frame.