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Hearing loss is scheduled separately from other body parts. The audiogram math is specific.
TL;DR
- Loss of hearing is scheduled separately under WCL §15(3): 150 weeks for one ear, 150 weeks for the other, with binaural loss valued separately.
- The percentage is calculated from pure-tone audiometric thresholds at 500, 1000, 2000, and 3000 Hz, per the 2018 Guidelines.
- Occupational noise exposure produces a recognized occupational disease claim — but late-notice rules trip up many claimants. The clock runs from when you knew (or should have known) the loss was work-related.
- Tinnitus adds to the SLU under the Guidelines.
How the percentage is calculated
The 2018 Guidelines use the AMA formula adapted for NY:
- Pure-tone average (PTA) at 500, 1000, 2000, and 3000 Hz for each ear
- Subtract the “fence” of 25 dB (loss up to 25 dB is not compensable)
- Multiply the result by 1.5% per dB to get monaural loss percentage
- Compute binaural loss by weighting the better ear five times the worse ear and dividing by six
The result is the SLU percentage applied to the 150 weeks (per ear) or to combined statutory values for binaural loss.
Common occupational presentations
- MTA / NYCT operators and conductors — long-term exposure to subway noise, horn use, brake squeal
- Sanitation workers — equipment noise, garbage truck operations
- Construction trades — power tools, jackhammers, heavy equipment
- FDNY firefighters — apparatus, sirens, fire scene noise (separate §207-a framework)
- Police, correction officers — firearms training, range work
- Aviation / airport workers — flight line noise
- Restaurant kitchen — sustained equipment noise
Tinnitus
Tinnitus accompanying noise-induced hearing loss is recognized under the Guidelines and adds to the SLU percentage. The Guidelines specify the amount added; persistent, documented tinnitus is supported by audiologist evaluation.
Late notice — the most common defense
WCL §49-cc and the occupational disease framework require notice within a defined period from when the claimant knew or should have known the loss was occupational. Hearing loss often develops over years; carriers routinely raise late-notice defenses based on:
- Prior audiograms showing loss the claimant didn’t act on
- Employer hearing conservation program records
- Retirement audiograms
The case law on what triggers the “should have known” standard for occupational hearing loss is well-developed and the defenses are not as strong as carriers present them. Late-notice rejections of hearing loss claims should be challenged.
What I see go wrong
- Audiogram done at the wrong threshold range. The Guidelines specify 500, 1000, 2000, 3000 Hz. Audiograms run only at 500-2000 Hz miss the formula.
- Tinnitus ignored when it’s documented in records.
- Late notice accepted when the timing of “should have known” is contestable.
- Apportionment to age-related loss generically. Some age-related component is fair; aggressive apportionment to “presbycusis” is often overstated.
What to do next
Contact me directly for hearing loss claim evaluation. If you have an audiogram and noise exposure history, the calculation is doable.
Frequently asked questions
How is occupational hearing loss SLU calculated?
The 2018 Guidelines apply an AMA-derived formula: pure-tone average at 500, 1000, 2000, and 3000 Hz, minus a 25 dB ‘fence,’ multiplied by 1.5% per dB to get monaural loss. Binaural loss weights the better ear five times the worse ear. Each ear is worth 150 weeks.
Does tinnitus add to a hearing SLU?
Yes. Persistent, documented tinnitus accompanying noise-induced hearing loss adds a specific amount to the SLU under the 2018 Guidelines. Audiologist documentation of tinnitus is essential to claim the addition.
What’s the notice rule for occupational hearing loss?
Occupational hearing loss notice runs from when the claimant knew or should have known the loss was work-related — often years after first symptoms. Late-notice defenses are common but not always strong; the ‘should have known’ standard is fact-specific.
Related pages
- Occupational lung disease
- Construction-site injuries
- MTA Workers
- What is a Schedule Loss of Use award?
- How long does a NY workers’ comp case take?
Frequently Asked Questions
How is occupational hearing loss SLU calculated?
The 2018 Guidelines apply an AMA-derived formula: pure-tone average at 500, 1000, 2000, and 3000 Hz, minus a 25 dB 'fence,' multiplied by 1.5% per dB to get monaural loss. Binaural loss weights the better ear five times the worse ear. Each ear is worth 150 weeks.
Does tinnitus add to a hearing SLU?
Yes. Persistent, documented tinnitus accompanying noise-induced hearing loss adds a specific amount to the SLU under the 2018 Guidelines. Audiologist documentation of tinnitus is essential to claim the addition.
What's the notice rule for occupational hearing loss?
Occupational hearing loss notice runs from when the claimant knew or should have known the loss was work-related — often years after first symptoms. Late-notice defenses are common but not always strong; the 'should have known' standard is fact-specific.
This page is informational. It is not legal advice and does not create an attorney-client relationship. Every workers' compensation case turns on its facts. For analysis of your matter, contact me directly.