Workers who develop hearing loss on the job in Pennsylvania may be entitled to specific loss benefits under the Pennsylvania Workers’ Compensation Act. To qualify, you must have permanent binaural hearing loss of at least 10 percent that is medically established as work-related. Benefits typically include two-thirds of your average weekly wage for up to 260 weeks, depending on the severity of the impairment, plus full coverage for hearing aids, doctor visits, and related medical expenses.
At Luxenberg Garbett Kelly & George P.C., New Castle workers’ compensation attorney Lawrence Kelly and Joseph George help injured workers throughout Lawrence County and Western Pennsylvania pursue the benefits they deserve. Our firm has served the community since 1933, and our lawyers bring more than 40 years of experience representing workers in hearing loss and other workplace injury claims. If you believe your job has damaged your hearing, our personal injury lawyers at LGKG can evaluate your situation and explain your options.
This guide explains how Pennsylvania law defines compensable hearing loss, what benefits you may be entitled to receive, how to file a claim with the Bureau of Workers’ Compensation, which industries carry the highest risk, and what steps you can take to protect your hearing on the job. Call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to speak with Lawrence Kelly about your case.
How Does Pennsylvania Workers’ Compensation Define Hearing Loss?
Pennsylvania treats occupational hearing loss as a “specific loss” under Section 306(c) of the Workers’ Compensation Act, codified at 77 P.S. § 513. This means hearing loss is compensated on a schedule similar to the loss of a limb or an eye. The law distinguishes between hearing loss caused by long-term noise exposure and hearing loss caused by a single traumatic event.
For hearing loss caused by prolonged exposure to hazardous occupational noise, the percentage of impairment is calculated using the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment, Fourth Edition. A doctor must measure your hearing at specific frequencies and apply the formula set out in the Act to determine whether your loss meets the 10 percent binaural threshold.
If your hearing loss resulted from a sudden event, such as an explosion or head injury, the same AMA Guides formula applies. However, the compensation schedule differs slightly. For complete hearing loss in one ear caused by traumatic injury, Pennsylvania law provides 60 weeks of compensation. Partial loss is compensated based on the percentage of impairment as calculated under the statutory formula in 77 P.S. § 513.
What If Your Hearing Loss Is Below 10 Percent?
Pennsylvania law sets a clear minimum. If your binaural hearing impairment is 10 percent or less under the AMA Guides calculation, no specific loss benefits are payable. Under 77 P.S. § 513(8)(iii), compensation is only available for a hearing impairment that exceeds 10 percent. This threshold exists because the legislature determined that minor hearing changes may fall within the range of normal age-related decline.
What If Your Hearing Loss Is 75 Percent or Greater?
At the other end of the spectrum, the Act creates a presumption. If your binaural hearing impairment reaches 75 percent or greater, the law presumes total and complete loss of hearing in both ears. In that case, compensation is payable for the full 260-week schedule under 77 P.S. § 513(8)(ii).
What Benefits Can You Receive for Workplace Hearing Loss in Pennsylvania?
A successful hearing loss claim under Pennsylvania workers’ compensation may provide two categories of benefits: wage loss compensation and medical benefits. Understanding what each covers can help you plan for the financial impact of permanent hearing damage.
Wage Loss Benefits
Specific loss benefits for hearing are paid at two-thirds of your average weekly wage, subject to the statewide maximum. The number of weeks depends on the severity of your impairment. For long-term noise exposure cases, the formula multiplies your percentage of binaural hearing loss by 260 weeks. A worker with 30 percent binaural hearing loss, for example, would be eligible for approximately 78 weeks of benefits.
These benefits are paid regardless of whether you continue working. Because hearing loss is permanent, the compensation recognizes the lasting nature of the impairment rather than your current employment status.
Medical Benefits
Pennsylvania workers’ compensation also covers all reasonable and necessary medical treatment related to your hearing loss. This typically includes:
- Audiometric evaluations and diagnostic testing by an otolaryngologist (ear, nose, and throat specialist) or audiologist
- Prescription hearing aids and replacement batteries
- Follow-up doctor visits and hearing aid adjustments
- Assistive listening devices when medically necessary
The average cost of prescription hearing aids can exceed $4,700 for a pair, with some models costing $8,000 or more. Workers’ compensation may cover these costs in full when the hearing loss is work-related and the treatment is deemed reasonable.
Key Takeaway: Pennsylvania workers’ compensation for hearing loss includes both wage loss benefits (up to two-thirds of your weekly wage for up to 260 weeks) and full medical coverage for hearing aids, evaluations, and related treatment. You can receive specific loss benefits even if you are still working.
Workers’ Compensation Attorney in New Castle – Luxenberg Garbett Kelly & George P.C.
Lawrence M. Kelly, Esq.
Lawrence Kelly is a Board-Certified Civil Trial Specialist through the National Board of Trial Advocacy. He earned his J.D. cum laude from the University of Akron School of Law in 1983 and is admitted to practice in Pennsylvania, the U.S. District Court for the Western District of Pennsylvania, and the U.S. Court of Appeals for the Third Circuit. He has practiced at LGKG for more than 40 years.
Mr. Kelly has been selected for inclusion in the Pennsylvania Super Lawyers list every year from 2006 through 2026 and was named to the Top 50 Pittsburgh Super Lawyers list from 2019 through 2026. He received the Champion of Justice Award from the Western Pennsylvania Trial Lawyers Association in 2025 and holds an AV Preeminent Rating from Martindale-Hubbell. He served as President of the Pennsylvania Association for Justice in 2024.
Joseph A. George, Esq.
Joseph A. George has advocated for accident victims across Western Pennsylvania since being admitted to the Pennsylvania Bar in 1996. He received his Juris Doctor from Duquesne University School of Law and is licensed to practice in Pennsylvania, Ohio, and the U.S. District Court for the Western District of Pennsylvania.
Mr. George has been selected to the Pennsylvania Super Lawyers list every year from 2018 through 2025 and has earned the AV Preeminent® rating from Martindale-Hubbell. He has also been honored as a Top 100 Trial Lawyer by The National Trial Lawyers and recognized among the Nation’s Top One Percent by the National Association of Distinguished Counsel. His practice centers on motor vehicle accident cases, medical malpractice, personal injury litigation, and workers’ compensation claims in Lawrence, Butler, and Allegheny Counties.
What Industries Have the Highest Risk of Occupational Hearing Loss?
Not all workplaces carry the same level of hearing risk. Certain industries expose workers to sustained noise levels that can cause permanent damage over months or years. According to the Centers for Disease Control and Prevention (CDC), approximately 22 million American workers face hazardous noise exposure on the job each year.
In Pennsylvania, several industries stand out for elevated hearing loss risk. Manufacturing plants throughout Butler County and the greater Pittsburgh region expose workers to machinery noise that often exceeds safe levels. Construction sites, mining operations, and oil and gas extraction facilities also produce sustained noise that can damage hearing over time.
Workers in hospital maintenance departments or emergency settings may also face elevated noise exposure from equipment, alarms, and power tools. However, certain hospital roles, such as those involving power tools in maintenance departments or exposure to alarms and equipment in emergency settings, can contribute to cumulative hearing damage.
OSHA Noise Exposure Standards
The Occupational Safety and Health Administration (OSHA) sets legal limits on workplace noise under 29 CFR 1910.95. The permissible exposure limit (PEL) is 90 decibels measured as an 8-hour time-weighted average (TWA). The action level, which triggers mandatory hearing conservation programs, is 85 decibels over an 8-hour TWA.
| Sound Level (dBA) | Maximum Exposure Time | Required Action |
|---|---|---|
| 85 | 8 hours | Hearing conservation program required |
| 90 | 8 hours | Permissible exposure limit (employer must implement feasible engineering or administrative controls) |
| 95 | 4 hours | Controls and hearing protection required |
| 100 | 2 hours | Controls and hearing protection required |
| 105 | 1 hour | Controls and hearing protection required |
| 110 | 30 minutes | Controls and hearing protection required |
| 115 | 15 minutes | Controls and hearing protection required |
Workers in environments that consistently exceed 85 decibels should receive annual audiometric testing, hearing protection at no cost, and training on hearing conservation. If your employer fails to provide these protections, that failure may serve as supporting evidence that workplace noise contributed to your hearing loss.
What Are the Common Types of Workplace Hearing Loss?
Workplace hearing loss falls into two primary categories. The difference can affect both your medical treatment and your workers’ compensation claim. Both types are compensable under Pennsylvania law if they are work-related and meet the 10 percent binaural threshold.
Sensorineural Hearing Loss
Sensorineural hearing loss (SNHL) occurs when noise or other hazards damage the inner ear or the auditory nerve pathways leading to the brain. This is the most common form of occupational hearing loss. It typically develops gradually from prolonged exposure to machinery, power tools, or other loud equipment. SNHL is permanent. Once the delicate hair cells in the inner ear are destroyed, they do not regenerate.
Workers in construction, manufacturing, and mining face the highest risk of SNHL because these environments produce sustained noise above safe thresholds. A single loud blast, such as an explosion on a job site, can also cause immediate sensorineural damage.
Conductive Hearing Loss
Conductive hearing loss involves damage to the outer or middle ear that blocks sound from reaching the inner ear. Foreign objects, ear infections, and exposure to certain industrial chemicals can all cause this type of hearing loss. Workers who handle hazardous substances or work in environments where airborne debris is common face elevated risk.
Unlike sensorineural hearing loss, some forms of conductive hearing loss may be treatable or partially reversible through medical intervention. However, permanent conductive hearing loss is still compensable under Pennsylvania workers’ compensation.
Tinnitus and Related Conditions
Workplace ear damage can also cause tinnitus, a persistent ringing, buzzing, or hissing sensation in the ears. Tinnitus frequently accompanies sensorineural hearing loss and can significantly affect concentration, sleep, and quality of life. Vestibular damage from workplace noise or head trauma can also cause dizziness and balance problems.
Key Takeaway: Sensorineural hearing loss from prolonged noise exposure is the most common occupational hearing injury and is typically permanent. Conductive hearing loss, tinnitus, and vestibular damage can also result from workplace conditions. All may qualify for workers’ compensation benefits in Pennsylvania.
How Do You File a Workers’ Compensation Claim for Hearing Loss in Pennsylvania?
Filing a hearing loss claim under Pennsylvania workers’ compensation involves several specific steps. Unlike many other workplace injuries, hearing loss claims have unique timing and medical evidence requirements that can make the process more complicated.
Step 1: Report the Injury to Your Employer
Pennsylvania law generally requires you to notify your employer of a work-related injury within 120 days. For hearing loss, this can be complicated because the damage often develops gradually. You should report your hearing concerns to your employer as soon as you notice symptoms such as difficulty understanding conversations, needing higher volume on devices, or ringing in your ears.
Step 2: Obtain a Medical Evaluation
A qualified otolaryngologist (ear, nose, and throat doctor) or audiologist must evaluate your hearing. For your claim to succeed, the physician must use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to calculate your percentage of binaural hearing loss. This is a critical detail. Many doctors use the more current edition of the AMA Guides in clinical practice, but Pennsylvania workers’ compensation law specifically requires the Fourth Edition.
Step 3: File a Claim Petition
If your employer’s insurance carrier does not voluntarily accept your claim, you or your attorney may need to file a Claim Petition with the Pennsylvania Workers’ Compensation Office of Adjudication (WCOA). Workers’ compensation hearings for Lawrence County residents are typically held at the New Castle Workers’ Compensation Office of Adjudication at 100 South Jefferson Street, Suite 146, in the Cascade Galleria.
Statute of Limitations
Pennsylvania imposes a three-year statute of limitations on hearing loss claims. For occupational hearing loss caused by long-term noise exposure, the statute generally runs from the date of last exposure to hazardous occupational noise rather than the date symptoms first appeared. Even if you have already retired, you may still be eligible to file a claim.
Key Takeaway: Filing a hearing loss workers’ compensation claim in Pennsylvania requires a medical evaluation using the AMA Guides, Fourth Edition, and must be completed within three years of your last exposure to hazardous workplace noise. An attorney familiar with these specific requirements can help avoid common mistakes that lead to denied claims.
How Can You Reduce Your Risk of Occupational Hearing Loss?
Prevention remains the most effective strategy for protecting your hearing. Once sensorineural hearing loss occurs, it cannot be reversed. Taking proactive steps can help preserve your hearing throughout your career.
Wearing hearing protection consistently is one of the most important steps you can take, even in environments where noise levels seem moderate. Workers in settings with moderate noise may underestimate the risk because the danger is not immediately obvious. Over time, cumulative exposure at levels between 80 and 90 decibels can still cause permanent damage.
Your employer has legal obligations under OSHA to protect your hearing. If your employer is not meeting these requirements, you can file a complaint with OSHA or contact the Pennsylvania Bureau of Workers’ Compensation helpline at 1-800-482-2383.
Steps You Can Take to Protect Your Hearing
- Wear earplugs or earmuffs whenever working near loud equipment, even for brief periods
- Request annual hearing tests from your employer if you work in a noise-exposed environment
- Report malfunctioning or unusually loud equipment to your supervisor promptly
- Limit your total daily noise exposure when possible, including off-the-job sources
- Pay attention to early warning signs such as muffled hearing after a shift, ringing in the ears, or difficulty following conversations in noisy settings
Key Takeaway: Occupational hearing loss is preventable but not reversible. Consistent use of hearing protection, regular audiometric testing, and employer compliance with OSHA standards are the most effective safeguards. If you notice changes in your hearing, seek medical evaluation promptly.
Legal Guidance from a New Castle Workers’ Compensation Attorney
Hearing loss can change the way you communicate, work, and experience everyday life. If your job caused or contributed to your hearing damage, you may have a right to benefits that cover medical treatment, hearing aids, and a portion of your wages.
Lawrence Kelly of Luxenberg Garbett Kelly & George P.C. has represented injured workers in Pennsylvania for more than 40 years. He is a Board-Certified Civil Trial Specialist and has been recognized as a Pennsylvania Super Lawyer every year since 2006. At LGKG, workers’ compensation attorneys guide clients through every phase of the claims process, from the initial medical evaluation to hearings at the New Castle Workers’ Compensation Office of Adjudication.
Call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 for a free consultation. The firm has offices in New Castle, Ellwood City, Beaver Falls, Butler, Cranberry Township, and Pittsburgh, serving injured workers across Lawrence County, Butler County, Allegheny County, and all of Western Pennsylvania.
