New Jersey recognizes hearing loss as a workplace injury, but there is a certain process that employees need to go through in order to qualify for compensation. Employers also have to notify employees in writing that they must take an audiometric test and explain the penalty for not doing so within a certain period.
Non-occupational causes
In order to receive compensation for hearing loss as a workplace injury, you need to prove that your job is either the cause or partially the cause of your hearing issues. Non-occupational causes can and often do contribute to hearing loss, and these need to be ruled out before qualifying for compensation.
Audiometric testing
You will likely undergo audiometric testing to evaluate your hearing loss. Some employers in New Jersey require that you take this test within 60 days of the termination of your employment. Employers in New Jersey have the legal right to refuse compensation if the employee refuses or fails to take the audiometric test within the given timeframe unless there was a circumstance that prevented the employee from getting the test.
Employers are legally bound to inform employees that there is a penalty for not taking their audiometric test on time. They must also let employees know how long they have to take the examination, and this information must be in writing.
Employees should immediately request a copy of the results in order to protect their right to compensation. They have two weeks to ask for a copy of the results. Employees have the right to take the test again at their own expense and with a provider of their choosing within 30 days of completing their employer’s mandatory examination. It’s a good idea to get your own test done to verify the accuracy of your results.
There are important deadlines to meet when you seek compensation for workplace injuries. Always check the law for any details you need to know to avoid disqualifying yourself or decreasing how much compensation you can receive. Because of how complex workers’ comp and personal injury law is, you may want to consult with a lawyer to help you with the process.