How Much Does Workers’ Comp Pay for Hearing Loss in NY?

Occupational Hearing Loss as a Scheduled Loss in New York

Unlike most work injuries rated on lost wage-earning capacity, occupational hearing loss falls under the schedule of losses in New York Workers’ Compensation Law. The schedule assigns a fixed duration—150 weeks—to total binaural hearing loss. Partial losses receive a proportionate share of those weeks based on the audiometric findings.

The Workers’ Compensation Board requires objective medical evidence, typically a formal audiogram by a Board-authorized physician. Subjective complaints of hearing difficulty alone are not sufficient. Both ears are measured, and the binaural formula weights the better ear more heavily to produce a single loss percentage that drives the calculation.

How the Award Is Calculated

The calculation works in three stages:

• Audiometric testing — A physician or audiologist measures pure-tone hearing thresholds in each ear and converts them to a binaural-loss percentage using the formula recognized by the Board.
• Weeks of compensation — That percentage is applied to the 150-week schedule to yield compensable weeks. A 40 % binaural loss, for example, produces 60 weeks.
• Weekly benefit rate — Compensable weeks are multiplied by two-thirds of your average weekly wage, subject to the statutory maximum in effect on the date of your last injurious exposure.

Because wage rates differ across workers and audiologists can reach different conclusions, two claimants with similar hearing loss may receive different awards. Prior results in other hearing-loss claims do not predict your outcome.

Is Tinnitus Covered?

Tinnitus—persistent ringing, buzzing, or hissing caused by workplace noise—is a recognized compensable condition under New York Workers’ Compensation Law. It may be evaluated alongside measured hearing-threshold loss or as a standalone condition if a physician documents a causal connection to your work environment. You do not need to show severe audiometric loss for tinnitus to be compensable, but you do need competent medical evidence linking it to occupational noise exposure.

The Three-Month Removal-from-Noise Requirement

New York imposes a procedural rule unique to occupational hearing-loss claims: you must generally be removed from the harmful noise environment for at least three months before your claim can be properly evaluated. This waiting period allows any temporary threshold shift caused by recent exposure to resolve, leaving only permanent loss for measurement.

The three-month period typically begins on the date you last work in a noisy setting—whether through a job change, lay-off, retirement, or a physician-issued restriction. Filing before the waiting period runs can result in an adjournment or denial. Tracking this date precisely is one of the first things an experienced attorney will confirm with you.

Statute of Limitations for Hearing-Loss Claims

Under Workers’ Compensation Law § 28, you generally have two years from the date of disablement to file. For occupational hearing loss, that date is typically when you last worked in a noisy environment—or when a physician first told you the condition is work-related, if that is later. Missing the deadline extinguishes your right to benefits, so consulting an attorney early is essential even while you are still in the three-month waiting period.

Protect Your Hearing-Loss Claim

Occupational hearing-loss claims involve layered medical requirements, a mandatory waiting period, and a statute of limitations that can run simultaneously. Getting the audiological evidence right, preserving your filing date, and identifying any third-party liability—such as a defective hearing-protection manufacturer—all require coordination from the outset. Banville Law represents New York workers in scheduled-loss and occupational-disease claims. A free consultation costs nothing and can protect a claim you may not realize is at risk.

Frequently asked questions