Chicago Workers’ Compensation Lawyers for Hearing Loss

Workplace hearing loss is one of the most common, and most overlooked, occupational injuries in Chicago. Workers in the Loop, along the industrial corridors of the South Side, near the freight yards off the Stevenson Expressway, and throughout the manufacturing plants of the Chicago metropolitan area face dangerous noise levels every single day. Many workers do not realize their hearing damage is compensable until years after the harm has already been done. If you or someone you know has suffered hearing loss at work, Briskman Briskman & Greenberg is ready to help you understand your rights and fight for the benefits you deserve.

Table of Contents

• Why Occupational Hearing Loss Is So Common Among Chicago Workers
• Illinois Law Governing Workers’ Compensation Claims for Hearing Loss
• Which Jobs and Industries Put Chicago Workers at Greatest Risk
• What Benefits You Can Receive for Work-Related Hearing Loss in Illinois
• How to File a Hearing Loss Workers’ Compensation Claim in Illinois
• Why Briskman Briskman & Greenberg Is the Right Choice for Your Hearing Loss Claim
• FAQs About Chicago Workers’ Compensation for Hearing Loss

Why Occupational Hearing Loss Is So Common Among Chicago Workers

Hearing loss is one of the most widespread job-related conditions in the United States. Occupational hearing loss is one of the most common work-related illnesses, and it is permanent. That word “permanent” matters. Once noise destroys the hair cells in your inner ear, they do not grow back.

About 28% of all workers have been exposed to hazardous noise, with approximately 16% exposed in the last year alone. Chicago’s economy runs on industries that generate dangerous sound levels every hour of every shift. Construction crews drilling along the Dan Ryan Expressway, steel workers at South Side mills, factory workers in Cicero and Melrose Park, CTA mechanics in rail yards, and sanitation workers operating heavy equipment all face this risk daily.

Hearing loss is associated with tinnitus (ringing in the ears), heart problems, cognitive decline, and poor mental health. The damage goes far beyond the ears. Workers who lose their hearing often struggle to communicate with family members, lose confidence at work, and face serious safety risks because they cannot hear warnings or alarms around them.

Approximately 11% of all workers have hearing difficulty, and about 8% of all workers have tinnitus. Tinnitus, the constant ringing or buzzing in the ears, is itself a compensable condition under Illinois law. If you work in a loud environment in Chicago and you have started noticing any of these symptoms, do not wait. Speak with a Chicago personal injury lawyer at Briskman Briskman & Greenberg about your options.

Illinois Law Governing Workers’ Compensation Claims for Hearing Loss

Illinois gives workers two separate legal tools for pursuing hearing loss benefits. The first is the workers’ compensation lawyer-relevant Illinois Workers’ Compensation Act (820 ILCS 305). The second is the Workers’ Occupational Diseases Act (820 ILCS 310). Both statutes provide compensation for hearing loss, but they apply in different situations, and understanding which one governs your claim is critical.

Under the Workers’ Compensation Act (820 ILCS 305), hearing loss caused by a sudden traumatic event at work, such as an explosion or a single extreme noise exposure, is treated as an accidental injury. Under the Workers’ Occupational Diseases Act (820 ILCS 310), hearing loss that develops gradually over time from repeated noise exposure is treated as an occupational disease. Section 7 of the Workers’ Occupational Diseases Act (820 ILCS 310/7) states that an employee whose disability is caused by an occupational disease arising out of and in the course of employment is entitled to compensation, medical care, and all other benefits in the same manner as accidental injuries under the Workers’ Compensation Act.

Both statutes use the same method to calculate how much hearing loss you have suffered. Under Sections 8(e)(14) and 8(e)(16) of the Workers’ Compensation Act (820 ILCS 305/8), the law measures hearing loss at three specific sound frequencies: 1,000, 2,000, and 3,000 cycles per second. These are the frequencies most important to normal human speech. Hearing loss above 3,000 cycles per second is not counted for compensation purposes under either statute.

The law calculates your average decibel loss across those three frequencies. If your average loss is 30 decibels or less, no compensable disability exists. If your average loss reaches 85 decibels or more, the law treats it as a total, 100% hearing loss. For every decibel of loss above 30, the statute provides an allowance of 1.82%, building toward that 100% maximum at 85 decibels. This formula applies under both the Workers’ Compensation Act and the Workers’ Occupational Diseases Act.

Which Jobs and Industries Put Chicago Workers at Greatest Risk

If you must raise your voice to speak with someone three feet away, noise levels likely exceed 85 decibels, the threshold for hearing loss. The Occupational Safety and Health Administration (OSHA) says long or repeated exposure to sounds at or above 85 decibels can lead to hearing loss. That threshold is crossed constantly in many Chicago workplaces.

Under Section 8(e)(16)(f) of the Workers’ Compensation Act (820 ILCS 305/8) and the parallel provision in the Workers’ Occupational Diseases Act (820 ILCS 310/7), a hearing loss claim due to industrial noise requires proof that the worker was exposed to noise levels exceeding specific thresholds for sufficient periods of time. For example, exposure to 90 decibels for 8 hours per day, or 100 decibels for just 2 hours per day, meets the legal threshold. Exposure to 115 decibels for as little as 15 minutes per day qualifies. These levels are common in construction, manufacturing, steel production, and rail work.

Chicago-area workers in the following industries face the highest risk: construction workers on major projects like the ongoing infrastructure upgrades along the I-290 corridor, factory workers in manufacturing plants throughout the western suburbs, railroad workers at the large freight yards near Clearing and Proviso, steel mill workers, sanitation workers, and CTA employees who work near train lines and in rail maintenance facilities. Notably, 53% of noise-exposed workers report not wearing hearing protection. That failure often falls on the employer, not the worker.

It is worth noting that the noise exposure thresholds in the law do not apply when hearing loss results from trauma or explosion. If a blast, a machinery accident, or another sudden event caused your hearing loss, that claim follows a different path under the Workers’ Compensation Act (820 ILCS 305). If you suffered a work injury involving an explosion or sudden traumatic event, the rules governing your claim are different from those covering gradual noise-induced loss.

What Benefits You Can Receive for Work-Related Hearing Loss in Illinois

Illinois law provides specific compensation schedules for hearing loss. Under Section 8(e)(14) of the Workers’ Compensation Act (820 ILCS 305/8), the loss of hearing in one ear carries a scheduled benefit of 54 weeks of compensation. Total and permanent loss of hearing in both ears carries a scheduled benefit of 215 weeks of compensation. These are the maximum scheduled amounts for total loss, and your actual benefit is calculated proportionally based on the percentage of hearing loss your audiometric testing reveals.

Under Section 7 of the Workers’ Occupational Diseases Act (820 ILCS 310/7), the compensation for total loss of hearing in one ear is 100 weeks. This is a separate and distinct benefit schedule that applies specifically to occupational disease claims for hearing loss, making it important to correctly identify which statute applies to your situation.

Beyond the scheduled disability benefit, you are also entitled to full payment of all related medical expenses. That includes audiologist visits, hearing tests, hearing aids, and any other treatment your doctor recommends. Under the Workers’ Compensation Act, the use of a hearing aid does not reduce your compensation. The law specifically states that no consideration shall be given to whether a hearing aid improves your ability to understand speech when calculating your benefit.

You may also be entitled to temporary total disability (TTD) benefits if your hearing loss prevents you from working during treatment. TTD benefits are calculated at two-thirds of your average weekly wage under Section 8(b) of the Workers’ Compensation Act (820 ILCS 305/8). If you can work in a limited capacity, temporary partial disability benefits may apply. A workers’ compensation lawyer at Briskman Briskman & Greenberg can review your audiometric results and help you understand exactly what your claim is worth.

How to File a Hearing Loss Workers’ Compensation Claim in Illinois

Filing a hearing loss claim in Illinois starts with reporting your condition to your employer. Under the Illinois Workers’ Compensation Act (820 ILCS 305), you are required to notify your employer of your injury or occupational disease. For gradual hearing loss, the clock for reporting typically begins when you knew, or reasonably should have known, that your hearing loss was connected to your work. Do not delay this step. Missing the reporting deadline can jeopardize your entire claim.

After reporting, you will need a formal hearing evaluation by a licensed audiologist. The evaluation must use pure tone air conduction audiometric instruments approved by nationally recognized authorities, as required by both the Workers’ Compensation Act and the Workers’ Occupational Diseases Act. The audiologist measures your hearing thresholds at 1,000, 2,000, and 3,000 cycles per second. Those measurements determine the percentage of your compensable hearing loss under the statutory formula.

Once your claim is filed, your employer’s insurance carrier will review it. Insurers frequently dispute hearing loss claims by arguing that your loss predates your employment, that it was caused by non-occupational factors, or that your noise exposure did not meet the statutory threshold. These disputes are common, and they are exactly why having a workers’ compensation lawyer in your corner matters. If your claim is denied, you have the right to file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC), which will assign an arbitrator to hear your case.

If the arbitrator’s decision does not resolve the dispute, either party can petition for review by the full Commission. Under the Workers’ Occupational Diseases Act (820 ILCS 310), the Commission must issue its final decision on a Petition for Review within 180 days of filing. If you are not receiving the medical care or compensation you are owed while your claim is pending, you also have the right to file a petition for an emergency hearing before an arbitrator. Understanding all of these procedural steps is exactly where Briskman Briskman & Greenberg can help. Call us at (312) 222-0010 to speak with our team about your work injury claim today.

Why Briskman Briskman & Greenberg Is the Right Choice for Your Hearing Loss Claim

Briskman Briskman & Greenberg has been representing injured workers throughout the Chicago area for decades. Our firm handles workers’ compensation cases for clients across the city, from the industrial neighborhoods of Bridgeport and Back of the Yards to the North Shore suburbs and the communities along the Tri-State Tollway. We know the Illinois Workers’ Compensation Commission, we know the law, and we know how insurance companies try to minimize hearing loss claims.

Hearing loss claims are technically demanding. They require accurate audiometric testing, careful application of the statutory decibel formula, and a clear record linking your noise exposure to your job duties. Insurers know this, and they use the technical nature of these claims to push back on workers who do not have legal representation. We push back harder. Our team reviews your audiometric results, evaluates your work history, and builds a complete record of your noise exposure to support your claim at every stage.

We also handle cases where a third party, such as a negligent equipment manufacturer or a contractor on a multi-employer job site, may share responsibility for your hearing loss. In those situations, a separate civil claim may run alongside your workers’ compensation case, potentially increasing your total recovery. Our firm evaluates both paths so you do not leave money on the table.

Attorney fees in Illinois workers’ compensation cases are regulated by the Illinois Workers’ Compensation Act (820 ILCS 305). The Act limits attorney fees to no more than 20% of the compensation recovered. We work on a contingency basis, meaning you pay no attorney fees unless we recover compensation for you. You will always know exactly how our fees work before we begin. If you are ready to take the next step, contact a workers’ compensation lawyer at Briskman Briskman & Greenberg by calling (312) 222-0010 or reaching out through our website. Our firm is located in Chicago, Illinois, and we are here to fight for you.

FAQs About Chicago Workers’ Compensation for Hearing Loss

Does Illinois workers’ compensation cover gradual hearing loss from years of noise exposure, or only sudden injuries?

Illinois covers both types. Sudden hearing loss from a traumatic event, like an explosion, falls under the Illinois Workers’ Compensation Act (820 ILCS 305). Gradual hearing loss that develops over time from repeated workplace noise exposure falls under the Workers’ Occupational Diseases Act (820 ILCS 310). Both statutes entitle you to compensation, medical benefits, and disability payments. The key is that your hearing loss must be connected to your employment and must meet the statutory decibel thresholds set out in the law.

How does Illinois calculate how much compensation I receive for hearing loss?

The law measures your hearing loss at three frequencies: 1,000, 2,000, and 3,000 cycles per second. Your average decibel loss across those three frequencies determines your compensation percentage. If your average loss is 30 decibels or less, no compensable disability exists. For every decibel above 30, the law adds 1.82% to your disability rating. A loss of 85 decibels or more equals 100% compensable hearing loss. That percentage is then applied to the scheduled benefit weeks under the applicable statute to determine your total benefit.

Does wearing a hearing aid affect my workers’ compensation benefits in Illinois?

No. Under both the Illinois Workers’ Compensation Act (820 ILCS 305) and the Workers’ Occupational Diseases Act (820 ILCS 310), the law specifically states that no consideration shall be given to whether a hearing aid improves your ability to understand speech. Your compensation is based on your actual measured hearing loss, not on how well a device compensates for it. Your employer is also responsible for the cost of hearing aids and audiological treatment as part of your medical benefits.

What if my employer says my hearing loss existed before I started working for them?

This is a common defense. Under both Illinois statutes, if a prior hearing loss was established by audiometric testing before your employment began, your employer is not liable for that pre-existing loss. However, your employer is still responsible for any additional hearing loss that occurred during your employment. If your employer makes this argument, it is critical to have a lawyer who can review your baseline audiometric records and challenge any attempt to overstate the pre-existing loss. Do not accept this argument without getting legal advice first.

How long do I have to file a workers’ compensation claim for hearing loss in Illinois?

The statute of limitations for occupational hearing loss claims in Illinois is generally three years from the date of the injury or disablement, or two years from the last payment of compensation, whichever is later. For gradual hearing loss, the clock typically starts when you knew, or reasonably should have known, that your hearing loss was work-related. Because this date can be disputed, it is important to act quickly. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as you suspect your hearing loss is connected to your job.

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