An industrial deafness claim is a workers’ compensation claim for hearing loss caused by your job. Most often, it stems from prolonged exposure to loud noise or harmful sounds at work, and the resulting damage is usually permanent.
Common types of occupational hearing loss covered by an industrial deafness workers’ compensation claim include:
- Noise-induced hearing loss
- Tinnitus
- Acoustic trauma
Presbycusis (age-related hearing loss) is not itself an occupational injury, but workers’ compensation may still cover it if prolonged workplace noise exposure aggravates the underlying condition.
If you work in any of the following industries, you are at significant risk of occupational hearing loss:
- Manufacturing
- Construction sites
- Mining
- Heavy industry
- Transportation and aviation
In this article, we cover industrial deafness claims in Arizona — what causes them, what they cover, how to file, and what benefits you can expect. If you’ve experienced hearing loss at work in Arizona, a workers’ compensation lawyer at Matt Fendon Law Group can help you protect your rights.
Why Choose Matt Fendon Law Group for Your Industrial Deafness Claim?
Matt Fendon Law Group exclusively handles Arizona workers’ compensation claims and appeals. Whether you’re filing a new industrial deafness workers’ compensation claim or appealing a denial, our team has the experience to help you pursue every benefit you’re entitled to under Arizona law.
Since 2008, our workers’ compensation lawyers have helped Arizona employees recover benefits after work-related injuries and permanent disabilities, including occupational hearing loss. Past results do not guarantee similar outcomes — every case depends on its own facts.
With five offices across Arizona, we’re positioned to work with you wherever you are in the state. Contact us toll-free at (800) 229-3880 or fill out our online contact form. Our team is available 24/7.
What is Industrial Deafness?
Industrial deafness is permanent, work-related hearing loss caused by long-term exposure to harmful noise or chemicals on the job. The damage occurs to the sensory cells of your inner ear, which do not regenerate — once they’re gone, they’re gone, and the condition can keep getting worse with continued exposure.
Most cases arise from prolonged exposure to loud noise — usually 85 decibels or more, which is OSHA’s “action level” for workplace noise (29 CFR 1910.95). Industrial deafness can also be caused by exposure to ototoxic chemicals — substances like certain solvents and heavy metals that damage the ear.
In Arizona, noise-induced hearing loss is typically evaluated as an occupational disease, but it has to meet the statutory criteria under A.R.S. §§ 23-901(13) and 23-901.01. The condition develops gradually, often over years, and does not require a single traumatic event.
Because hearing loss usually doesn’t keep you off the job during recovery, your benefits are calculated based on permanent impairment rather than time missed from work — more on that below.
What Are the Symptoms of Industrial Deafness?
Symptoms of industrial deafness may include:
- Diminished ability to hear high-frequency sounds and to understand speech, especially in noisy environments
- Tinnitus (a ringing, buzzing, or humming sound in your ears)
- Thinking that other people are speaking too softly or mumbling, or asking them to repeat themselves
How to File a Workplace Hearing Loss Claim in Arizona
Your eligibility for an occupational hearing loss workers’ compensation claim depends on two things: a medical diagnosis of hearing loss consistent with long-term workplace noise exposure, and a properly filed claim with the Industrial Commission of Arizona. For a deeper look at general eligibility rules, see our page on Arizona workers’ compensation eligibility.
Filing an industrial deafness workers’ compensation claim involves several important steps:
Medical Diagnosis
Undergo a comprehensive hearing evaluation to diagnose your severe hearing loss condition and establish the connection to workplace noise.
Notify Your Employer
Inform your employer about your hearing loss and your intent to file a workers’ compensation claim.
Complete Necessary Forms
Fill out the required claim forms and file them with the Industrial Commission of Arizona (the ICA), using either the Worker’s and Physician’s Report of Injury (Form 102) or the Worker’s Report of Injury (Form 407).
Under A.R.S. § 23-1061(A), you must file within one year after you knew or should have known that the condition was work-related. Missing this deadline almost always ends the claim — see our page on the Arizona workers’ compensation statute of limitations for the limited exceptions.
Medical Evidence
Gather medical records and hearing test reports that connect your hearing loss to your work environment. Audiograms and medical opinions from an ENT specialist are key pieces of evidence in a successful claim.
Claim Review
Your claim is reviewed by the ICA, which notifies your employer’s workers’ compensation insurer. Under Arizona law, the carrier generally has 21 days from notice of the claim to issue a Notice of Claim Status. If the carrier denies your claim, you can request a hearing before an ICA Administrative Law Judge — and that request is on a tight clock (see below).
What Are Common Errors in Hearing Loss Workers’ Compensation Claims?
Below are the most common mistakes claimants make on a hearing loss workers’ compensation claim:
Missing the One-Year Deadline to File Your Claim
This is one of the most frequently observed kinds of errors claimants make. Arizona has a strict one-year deadline for claim filing, and if you do not meet it, this can be fatal to your claim.
Failing to Promptly Report Your Hearing Loss Condition to Your Employer
The longer you wait to report your claim to your employer, the more you give an opening to the employer to argue that your condition is unconnected to your work, or that the noise exposure took place outside of work, or to otherwise challenge your claim.
Not Gathering Evidence Sufficient to Link Your Hearing Loss to Your Work
Evidence is essential to making a successful claim for workplace-related hearing loss claims. If your claim lacks key evidence like an audiogram, a medical diagnosis of occupational deafness, or a medical opinion that links your condition to workplace noise, this can give your employer’s insurance company grounds to deny your claim.
Not Sufficiently Documenting Your Workplace Noise Exposure
Related to the medical evidence supporting your claim, you also need documentation that connects your employment to your hearing loss. Insurers will be looking for supporting documentation to provide evidence of:
- Exposure to loud equipment over a prolonged period
- Job duties involving hazardous noise levels
- Duration and frequency of exposure
Related to this kind of error is relying on your employer’s report of your injury as being sufficient to document your claim for hearing problems. This can lead to unintended consequences, such as your claim never being legally filed. You should always file your claim directly with the ICA.
Delaying or Skipping Medical Treatment
The longer you wait to seek treatment for your industrial deafness claim, the more you open the door to your employer’s insurance carrier to argue that the condition is minor or that it is unconnected to your work.
Seeking Medical Treatment From An Unapproved Medical Provider
Although you may have some choice of a treating medical professional for your hearing loss—unless your employer is self-insured, in which case you are required to go to an approved provider of their choice—the provider might not be experienced with workers’ compensation claims and fail to properly document your diagnosis or treatment.
Filling Out Form 102 or Form 407 Incompletely or Incorrectly
This is largely self-explanatory. Even seemingly minor errors like inconsistent dates or incomplete descriptions can be enough to invalidate an otherwise proper claim for hearing loss.
Failing to File a Denied Claim Appeal Within 90 Days
Under A.R.S. § 23-947, you must request a hearing within 90 days of the mailing date of the Notice of Claim Status, or the decision becomes final. For more on what to do after a denial, see our guide on what happens if your claim is denied.
Workers’ Compensation Benefits for Industrial Deafness Claims
If your hearing loss is a result of workplace conditions, you may be entitled to Arizona workers’ compensation benefits. Most industrial deafness claims fall under Arizona’s scheduled permanent impairment system — A.R.S. § 23-1044(B) — which assigns a fixed number of months of benefits based on the body part affected.
Total hearing loss in one ear, for example, has its own scheduled value. An ENT impairment rating drives the calculation, which is why the medical evidence in Step 4 is so important.
Benefits available on an industrial deafness claim can include:
- Scheduled permanent impairment benefits, which are the primary benefit type for most hearing loss claims
- Medical expenses, including hearing tests, consultations, hearing aids, and follow-up audiology care
- Temporary disability benefits for lost wages — these apply only if your hearing loss actually causes you to miss work, which is uncommon for industrial deafness
- Vocational rehabilitation services, which may be available in some cases if your hearing loss prevents you from returning to your prior job
Arizona workers’ compensation does not pay for pain and suffering. Those damages are only available through a separate third-party personal injury claim — for example, against a manufacturer of defective machinery or a non-employer whose negligence contributed to your hearing loss.
If you think a third party may share fault for your hearing loss, mention it during your free consultation.
To understand how impairment ratings translate into benefit amounts, our blog post on impairment ratings in Arizona workers’ compensation cases walks through the math.
Do You Have a Workers’ Compensation Claim for Hearing Loss?
Industrial deafness claims are serious because their effects are usually permanent — they can affect your ability to communicate, work, and take part in daily life. That’s why it’s important to pursue the full benefits you may be entitled to under Arizona’s workers’ compensation system.
An experienced Matt Fendon Law Group workers’ compensation attorney can help you put together a strong industrial deafness claim, file it within the required time limit, and back it up with the medical evidence carriers look for. If the workers’ compensation insurer denies your claim, we’ll handle your appeal with the ICA.
If you’ve experienced hearing loss at work anywhere in Arizona, don’t risk your benefits.
Call Matt Fendon Law Group at (800) 229-3880 any time, or contact us online to speak with a Scottsdale workers’ compensation lawyer during a free consultation.
