Under the New York State Workers’ Compensation statute, occupational hearing loss claims can be a bit tricky.
In order for a viable claim to exist, a claimant must be employed in a job causing harm noise exposure for at least 90 days.
The statute requires that a claimant be removed from the harmful exposure for at least 90 days for compensability to attach. Removal from the exposure can involve taking a different position where there is no noise exposure or utilization of ear protection.
The statute of limitations for filing a hearing loss claim is two years, with an exception that the claimant has up to 90 days following his or her having knowledge of the work related hearing loss. In theory, this could extend the statute of limitations beyond two years if the knowledge requirement can be proven.
If you have questions regarding a hearing loss case under the New York State Workers’ Compensation Law, please feel free to contact our office.