WorkSafeNB uses section 7 of the Workers’ Compensation Act (WC Act) and Policy 21-100 Conditions for Entitlement – General Principles to adjudicate all claims for compensation, including claims for hearing loss.
Hearing loss is considered an occupational disease when it is caused by industrial trauma (acute) or noise- induced hearing loss due to excessive levels of noise in the workplace.
When WorkSafeNB receives claims for hearing loss, it considers the extent to which the worker’s employment in New Brunswick may have contributed to the hearing loss. When WorkSafeNB determines that the hearing loss was not caused by employment in New Brunswick, the worker is not entitled to compensation.
Age-related hearing loss (presbycusis) does not arise out of and in the course of employment as required by the WC Act, and therefore no entitlement to compensation exists in these instances.
Traumatic (acute) hearing loss
1. Traumatic (acute) hearing loss is the sudden loss of hearing due to an isolated incident of a sudden burst of sound (such as an explosion) or injury to hearing (acoustic trauma) due to events such as:
2. The date of accident/disablement for traumatic (acute) hearing loss claims is the date of the isolated event causing the hearing loss.
Noise-induced hearing loss (NIHL)
3. Applications for compensation must be made within one year of the date of accident. For occupational diseases, this is one year from the date of disablement. According to the ACOEM, disablement from noise-induced hearing loss occurs during the period of exposure (increasing most rapidly in the first 10 to 15 years of exposure and then decelerates).
4. Therefore, the date of disablement (accident) is the earlier of:
5. In the absence of evidence of last exposure to noise in the workplace as required in Section 4 of this policy:
6. The WC Act has specific time frames for reporting and applying for hearing loss. The WC Act also provides authority to WorkSafeNB to determine if a delay in doing such is justified. For more information, see Policy 21-106 Accident Reporting and Application for Benefits.
Persuasive evidence of occupational NIHL
7. WorkSafeNB determines eligibility for NIHL by using the preponderance of evidence, meaning that the NIHL is more likely than not to have been caused by employment. WorkSafeNB considers persuasive evidence such as:
8. In addition to the persuasive evidence above, WorkSafeNB weighs all available evidence including: the use of hearing protection, evidence of noise conservation programs in the workplace, and audiograms or other testing or screening measures conducted by employers and healthcare providers.
NIHL-related tinnitus
9. Tinnitus caused by NIHL may be accepted as a secondary injury if:
Medical aid
10. For accepted NIHL claims, medical aid may be in the form of a hearing aid.
11. Workers are responsible for the day-to-day care and maintenance of the hearing aid.
12. WorkSafeNB determines the need to replace a hearing aid based on evidence, however WorkSafeNB will not replace hearing aids more than once every five years, unless medically necessary as determined by WorkSafeNB.
Permanent physical impairment
13. WorkSafeNB evaluates injured workers for a permanent physical impairment (PPI) award resulting from hearing loss using Policy 21-250 Permanent Physical Impairment.
14. Reassessment for permanent physical impairment will only be considered where there has been continued exposure to hazardous noise levels at the place of employment or, where tinnitus caused by NIHL has been accepted as part of the claim.
“The Merck Manual – 2nd Home Edition”, Merck Research Laboratories, 2003.
ISO 1999-1990. Acoustics - Determination of occupational noise exposure and estimation of noise-induced impairment. Internat. Standard ISO 1999. 2nd ed. Geneva, 1990.
ACOEM – the American College of Occupational and Environmental Medicine represents more than 4,500 physicians and other health care professionals specializing in the field of occupational and environmental medicine; dedicated to promoting the health of workers through preventive medicine, clinical care, research, and education.
Decibel “dB” – a unit for expressing the relative intensity of sounds on a scale from zero for the average least perceptible sound to about 130 for the average pain level (Webster’s Collegiate Dictionary).
Decibel(A) “dB(A)” – levels of dBs weighted according to the weighting curves to approximate the way the human ear hears.
Noise-induced hearing loss (NIHL) - a permanent decrement in hearing threshold levels (HTLs), with a characteristic reduction of hearing sensitivity at the frequencies of 3, 4, and/or 6 kHz, and relatively better hearing sensitivity in surrounding frequencies, i.e., 2 or 8 kHz (WHO).
Occupational disease – any disease that is peculiar to or characteristic of a particular industrial process, trade or occupation (adapted from the Workers’ Compensation Act).
Sensorineural hearing loss – hearing loss due to damage to the sensory structures (hair cells) of the inner ear, auditory nerve, or auditory nerve pathways in the brain (Merck Manual).