Hearing Loss Workers Comp Settlement by State
A hearing loss injury at work produces a different settlement in every state because each state's workers compensation statute assigns a different number of weeks of compensation for the loss. This page ranks every state with a hearing loss schedule by the max payout at the current state cap, walks the surgery scenarios that drive most real settlements, and lays out the impairment-rating math for the states that do not schedule the hearing loss separately.
Hearing Loss at a Glance
- Schedule states
- 1
- Highest max PPD payout
- $106,756
- Top state
- Illinois
- Impairment-rating states
- 13
Hearing Loss Max PPD Payout by State, Ranked
Each number is the result of multiplying the state's statutory weeks for total loss of the hearing loss by the current state maximum weekly benefit. A worker who earned less than the state cap before the injury collects two-thirds of their own average weekly wage instead, so this column is the ceiling, not the typical payout.
Show all 1 schedule states
| State | Schedule term | Weeks (total loss) | Max weekly cap | Max PPD payout at cap |
|---|---|---|---|---|
| Illinois | hearing loss (one ear) | 54 | $1,976.97 | $106,756 |
Each state name links straight to that state's full hearing loss settlement breakdown with worked payout examples at three wage levels and a calculator for your specific case.
Hearing Loss medical context and impairment ratings
Occupational hearing loss is one of the most under-claimed injuries in US workers comp. OSHA requires hearing conservation programs in workplaces with noise above 85 dBA, but workers who developed hearing loss over decades often never file because the loss is gradual. Most states use audiogram-confirmed percentage loss in each ear, scaled against the schedule for total hearing loss in that ear.
Diagnoses and terms searchers use: occupational hearing loss, noise-induced hearing loss, NIHL, tinnitus, audiogram, audiometric testing.
Whole-person impairment rating ranges
| Outcome | Whole-person impairment |
|---|---|
| Mild hearing loss, one ear | Schedule-driven; varies by state |
| Moderate to severe hearing loss, one ear | Higher percentage of one-ear scheduled weeks |
| Bilateral severe hearing loss | Often paid as full schedule of both ears |
| Tinnitus rating add-on | Usually 0 to 5% whole-person added to hearing loss |
Ratings reference the AMA Guides to the Evaluation of Permanent Impairment. Most states use the 5th or 6th edition; your state hub names the version it follows.
Surgery is the lever that drives hearing loss settlement values
Workers often ask whether having surgery helps or hurts the settlement number. Mechanically, surgery usually raises the permanent impairment rating, which raises the PPD value of the case under any state's scheme. It also extends time spent in temporary disability, which means more weeks of TTD before MMI and a later settlement conversation.
| Procedure | What it does and how it lands |
|---|---|
| Cochlear implant | Rare in workers comp. Used for severe-to-profound hearing loss when hearing aids no longer help. |
| Tympanoplasty | Repair of the eardrum, usually for blast or barotrauma injuries. |
Hearing Loss recovery and MMI timeline
Hearing loss does not recover. The audiogram at MMI is the permanent record, and the percentage of hearing loss in each ear sets the impairment rating directly. Tinnitus is rated separately as a small add-on in most states.
The settlement conversation almost never starts until the doctor declares maximum medical improvement (MMI). Before MMI, the carrier normally keeps paying weekly TTD and medical bills. After MMI, the case can be valued against the schedule and the impairment rating.
How a hearing loss workers comp settlement actually gets calculated
Numbers on the chart above are statutory ceilings. The settlement you sign almost never matches the ceiling exactly. Five things move the real number:
- Your impairment rating. A doctor's percentage rating scales the schedule down. A 25 percent rating on a 200-week scheduled body part pays 50 weeks, not 200.
- Your average weekly wage. Workers below the state cap collect two-thirds of their own wage; workers above the cap collect the cap. High-wage workers leave money on the table because of the cap.
- Surgery, recovery, and the final impairment rating. A successful surgery often lowers the rating after recovery. A failed surgery or one with complications raises it. The settlement amount tracks the rating at MMI.
- Open vs closed future medical. A settlement that leaves future medical care open is worth less in cash than one that closes it out, because the carrier loses control of future cost.
- How easy the carrier finds the claim to defend. Strong causation evidence and consistent treatment records push the settlement closer to the schedule ceiling. Gaps, prior injuries to the same body part, or disputed causation push it down.
Impairment-rating states
These states do not use a body-part schedule. A doctor assigns a whole-person impairment rating after MMI, and the state pays a statutory number of weeks per percentage point. The PPD value depends on the rating and the state's weekly cap.
- Alaska (max weekly $1,418.00): Alaska uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- California (max weekly $1,764.00): California uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Kentucky (max weekly $1,277.99): Kentucky uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Minnesota (max weekly $1,536.84): Minnesota uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Montana (max weekly $1,004.00): Montana uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Nevada (max weekly $1,364.15): Nevada uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- North Dakota (max weekly $1,535.00): North Dakota uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Oregon (max weekly $1,943.41): Oregon uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- South Dakota (max weekly $1,067.00): South Dakota uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Tennessee (max weekly $1,426.70): Tennessee uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Texas (max weekly $1,271.00): Texas uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Vermont (max weekly $1,839.00): Vermont uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
- Wyoming (max weekly $974.00): Wyoming uses an impairment-rating approach. Hearing Loss cases are valued by the doctor's whole-person impairment rating multiplied by the statutory weeks per percentage point.
Wage-loss states
These states pay based on actual wage loss after the injury, not a body-part schedule. The settlement turns on the gap between pre-injury wages and post-MMI earning capacity, capped at the state's maximum weekly rate.
- District of Columbia (max weekly $1,799.31): District of Columbia pays based on actual wage loss after the injury, not a body-part schedule. Hearing Loss settlements here turn on the gap between pre-injury wages and post-MMI earning capacity.
- Florida (max weekly $1,358.00): Florida pays based on actual wage loss after the injury, not a body-part schedule. Hearing Loss settlements here turn on the gap between pre-injury wages and post-MMI earning capacity.
States that schedule other body parts but not hearing loss
The states below maintain a body-part schedule but do not list the hearing loss as a separately scheduled member. Cases here normally get valued under the general impairment provision of the statute, with the doctor's whole-person impairment rating driving the number of weeks of PPD payable.
- Alabama: Alabama schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Arizona: Arizona schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Arkansas: Arkansas schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Colorado: Colorado schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Connecticut: Connecticut schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Delaware: Delaware schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Georgia: Georgia schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Hawaii: Hawaii schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Idaho: Idaho schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Indiana: Indiana schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Iowa: Iowa schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Kansas: Kansas schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Louisiana: Louisiana schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Maine: Maine schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Maryland: Maryland schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Massachusetts: Massachusetts schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Michigan: Michigan schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Mississippi: Mississippi schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Missouri: Missouri schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Nebraska: Nebraska schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- New Hampshire: New Hampshire schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- New Jersey: New Jersey schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- New Mexico: New Mexico schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- New York: New York schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- North Carolina: North Carolina schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Ohio: Ohio schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Oklahoma: Oklahoma schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Pennsylvania: Pennsylvania schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Rhode Island: Rhode Island schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- South Carolina: South Carolina schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Utah: Utah schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Virginia: Virginia schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- West Virginia: West Virginia schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
- Wisconsin: Wisconsin schedules other body parts but does not list hearing loss separately. Most hearing loss cases here are valued under the state's general impairment provision.
Common questions about hearing loss settlements
- Can I get workers comp for hearing loss?
- Yes, if the hearing loss is occupational (caused by workplace noise exposure or a specific work injury). You need an audiogram and a medical opinion linking the loss to the work environment. The audiogram percentage in each ear drives the schedule payout.
- Does workers comp pay for tinnitus?
- Most states pay for tinnitus as a separate small percentage of whole-person impairment, usually added to the hearing-loss rating. The exact treatment varies by state.
- How is hearing loss measured for workers comp?
- By audiogram. The audiologist plots the threshold in decibels at each frequency. The AMA Guides convert that into a percentage of binaural hearing loss, which is then converted to whole-person impairment or directly to scheduled weeks under state law.
Hearing Loss settlement: taxes, timing, and what comes next
Workers comp settlements are not taxable at the federal level under IRS Publication 525 and IRC § 104(a)(1). That covers weekly checks and lump-sum settlements. State taxation follows the federal rule in every workers comp jurisdiction.
The check usually arrives two to four weeks after a judge signs the settlement. Structured settlements (where the money comes through an annuity instead of a lump sum) and cases involving Medicare set-asides take longer, often months. Outstanding medical liens from providers also slow disbursement because the attorney has to clear each lien before paying the worker.
Sources
- State statutes and workers comp board rate notices, linked from each state hub.
- AMA Guides to the Evaluation of Permanent Impairment for whole-person impairment ranges.