Missouri Workers’ Compensation for Hearing Loss

Does Missouri Workers’ Compensation Cover Hearing Loss?

Yes. Missouri workers’ compensation law benefits employees who suffer job-related hearing loss due to prolonged exposure to loud noises or sudden traumatic noise events.

The Missouri Workers’ Compensation Act covers two main types of hearing loss:

• Occupational Hearing Loss (Gradual Loss Over Time)
  • Caused by long-term exposure to high noise levels in the workplace.
  • Common in factories, construction sites, warehouses, and airports.
  • It may take years to develop, with symptoms including difficulty hearing conversations, ringing in the ears (tinnitus), and needing higher volumes on devices (National Institute for Occupational Safety and Health (NIOSH)).
• Traumatic Hearing Loss (Sudden Injury)
  • Caused by a single, loud noise event, such as an explosion, gunshot, machinery malfunction, or sudden exposure to extreme noise levels.
  • It can result in immediate and permanent hearing damage (Occupational Safety and Health Administration (OSHA)).

Missouri Workers’ Comp Laws for Hearing Loss Claims

Under Missouri Revised Statutes, Chapter 287 (Workers’ Compensation Law), hearing loss qualifies as an occupational disease if it arises directly from workplace conditions.

Key Legal Criteria for a Hearing Loss Claim:

• Work-related cause: Hearing loss must be caused or aggravated by workplace conditions.
• Medical evidence required: Diagnosis from a licensed audiologist or otolaryngologist is necessary.
• Occupational exposure must be significant: Continuous exposure to noise levels exceeding 85 decibels (dB) over an 8-hour workday is considered hazardous (OSHA Noise Standard – 29 CFR 1910.95).

📌 Missouri’s 90-Day Noise Exposure Rule
If employees have been exposed to workplace noise exceeding 90 dB for at least 90 days, their hearing loss may be presumed work-related (Missouri Division of Workers’ Compensation).

How to File a Workers’ Comp Claim for Hearing Loss in Missouri

Step 1: Report the Hearing Loss to Your Employer

Missouri law requires injured workers to report hearing loss within 30 days of discovery (RSMo § 287.420).

• Provide written notice to your employer (email, letter, or official injury report form).
• Keep a copy of the report for your records.

Step 2: Seek Medical Evaluation

• Schedule a hearing test (audiogram) with a state-approved audiologist or ENT specialist.
• Ensure the doctor documents your work history and noise exposure levels.

Step 3: File a Workers’ Compensation Claim

If your employer refuses to file your claim, you can file it with the Missouri Division of Workers’ Compensation.

📍 How to File Your Claim:

• Download the Claim for Compensation Form
• Submit it to:
  • Email: [email protected]
  • Mail: Missouri Division of Workers’ Compensation, P.O. Box 58, Jefferson City, MO 65102-0058
  • Phone: (573) 751-4231

What If My Hearing Loss Claim Is Denied?

Workers’ compensation insurers frequently deny hearing loss claims, arguing that:

• The hearing loss was caused by aging, not work-related noise.
• The worker failed to report symptoms in time.
• The hearing loss isn’t severe enough to qualify for benefits.

How to Fight a Denied Claim:

• Gather additional medical evidence (second opinion from a specialist).
• Obtain workplace noise level records (OSHA compliance reports, coworker testimony).
• File an appeal with the Missouri Workers’ Compensation Division.
• Consult an experienced workers’ comp attorney to maximize your chances of approval.

📌 Appeals must be filed within 20 days of a denial notice (Missouri Workers’ Compensation Appeals Process).

Industries at High Risk for Work-Related Hearing Loss

According to the Centers for Disease Control and Prevention (CDC), industries with the highest rates of occupational hearing loss include:
🔹 Manufacturing (textiles, metalworking, wood processing)
🔹 Construction (jackhammers, power tools, heavy machinery)
🔹 Mining (drilling, blasting, underground equipment)
🔹 Airport & Transportation (aircraft ground crews, truck drivers)

🚨 Fact: Nearly 22 million U.S. workers are exposed to hazardous noise annually, and hearing loss accounts for 1 in 9 occupational illnesses (National Institute for Occupational Safety and Health (NIOSH)).

Contact The Law Office of James M. Hoffmann Today

🚨 Need help with your Missouri workers’ comp hearing loss claim? Contact the Law Office of James M. Hoffmann for a FREE consultation today.