Buffalo Hearing Loss Lawyer

Protecting Your Rights and Your Future

When the world starts to go quiet because of your work environment, the isolation and frustration can be overwhelming. You shouldn’t have to struggle to hear your loved ones or perform your job because an employer failed to protect your hearing.

With more than 80 years of experience and over $1 billion recovered for our clients since 1944, the team at Lewis & Lewis, P.C. handles the legal complexities of your claim so you can focus on recovering.

Lewis & Lewis, P.C. represents workers in Buffalo and across Western New York who have suffered occupational hearing loss. If you are experiencing ringing in your ears or significant hearing decline due to your job, we provide the dedicated legal advocacy needed to secure workers’ compensation and medical benefits.

Call our Buffalo office at (716) 854-2100 to start your free case evaluation.

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Do I Qualify for Workers’ Compensation for Hearing Loss in Buffalo?

To qualify for hearing loss benefits in New York, you must demonstrate that your impairment was caused by prolonged exposure to harmful noise levels in your workplace. According to the New York State Workers’ Compensation Board, workers’ compensation covers both the medical costs of hearing aids and monetary awards for permanent hearing damage.

Whether you worked in a factory in Depew, a construction site in Niagara Falls, or a production line in Batavia, we help gather the necessary medical evidence and noise-exposure records, referencing NIOSH noise standards, to build a compelling case. We understand the local industrial landscape and the specific challenges Western New York workers face.

How Does the Hearing Loss Claim Process Work in New York?

The process for a hearing loss claim involves a specialized medical evaluation and a mandatory waiting period of at least 90 days after your last exposure to the noise before your “permanent” loss can be legally established. Our team, led by primary contact Emily Janicz, ensures your audiograms meet the strict “Fletcher’s Index” criteria used by the state to determine qualification for payment.

What Benefits Can a Buffalo Hearing Loss Attorney Help Me Recover?

Many Buffalo workers believe they only qualify for benefits if they are forced to stop working. However, hearing loss is classified as a “Schedule Loss of Use” (SLU) injury. This is a legal term meaning you have suffered a permanent functional loss of a body part. This allows you to receive a financial settlement even if you are still earning your regular paycheck at the same company.

What Are the Most Common Causes of Workplace Hearing Loss in Buffalo?

Occupational hearing loss in Western New York is most commonly caused by long-term exposure to heavy machinery, power tools, and high-decibel industrial environments. Workers in the manufacturing, construction, and transportation sectors are at the highest risk for developing tinnitus or bilateral hearing loss.

In our years of practice, we have seen claims arise from various local environments:

  • Manufacturing Plants: Constant hum and sudden blasts from stamping machines and assembly lines.
  • Construction Sites: Exposure to jackhammers, saws, and heavy engine noise.
  • Aviation and Logistics: Workers at local airports or high-traffic distribution centers.
  • Emergency Services: Prolonged exposure to sirens and mechanical equipment.

At Lewis & Lewis, P.C., we don’t just look at your medical records; we look at your career history. We understand that hearing loss is a cumulative injury that happens over years of hard work. Our attorneys are skilled at identifying the “date of disablement,” which is crucial for maximizing the value of your claim.

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Ask Lewis & Lewis P.C.

How long do I have to file a hearing loss claim in Buffalo?

In New York, you generally have two years from the date you knew, or should have known, that your hearing loss was related to your employment. Because hearing loss is gradual, this “date of disablement” can be complex to determine. It is critical to speak with a lawyer as soon as you receive a medical diagnosis linking your hearing loss to your job to avoid missing strict filing windows.

Can I still file for hearing loss if I am retired?

Yes, retired workers in Buffalo can still file for hearing loss benefits if the damage occurred during their years of employment. Many workers realize the extent of their impairment only after leaving a noisy environment. As long as we can establish the occupational link and meet the filing deadlines from the date of your diagnosis, you remain eligible for compensation.

Do I have to pay upfront to hire a hearing loss lawyer?

No. At Lewis & Lewis, P.C., we handle workers’ compensation cases on a contingency fee basis. Our legal fees are set by a Workers’ Compensation Law Judge and are only paid if we successfully secure a financial award for you. You can seek justice without any financial risk.

What if my employer is no longer in business?

You can still file a claim. Workers’ compensation insurance is mandatory for New York employers. Even if the factory or company you worked for decades ago has closed, the insurance carrier that covered them at the time of your exposure is still liable for your benefits. Our deep research capabilities allow us to track down these old insurance policies to ensure you get the coverage you earned.

The Legal Nuances of New York Hearing Loss Claims

Navigating the New York Workers’ Compensation system requires an understanding of the “Presumption of Workers’ Compensation” and the specific audiometric testing standards required by the state. Without an attorney, many claimants are denied based on technicalities regarding the “waiting period” or the method of testing.

In Buffalo, the insurance companies often try to argue that your hearing loss is simply a result of “aging” (presbycusis) rather than workplace noise. We counter these arguments by working with medical experts who can differentiate between age-related decline and the specific patterns of noise-induced hearing loss.

We also ensure that your employer’s noise-level records are scrutinized. If a company failed to provide adequate PPE (Personal Protective Equipment) or failed to perform regular “baseline” audiograms, we use that information to strengthen your position.

Why Choose Lewis & Lewis P.C. for Your Buffalo Claim?

Our firm has been a staple of the Western New York legal community for generations. With our primary office located at 37 Franklin St. in downtown Buffalo, we are minutes away from the local courts and have a deep understanding of the regional workforce.

  • Regional Dominance: We have six physical locations across Western New York to make meeting with your attorney convenient.
  • Proven Leadership: Emily Janicz, our primary point of contact, provides dedicated leadership and clear communication for every client.
  • Community Trust: We aren’t a national “settlement mill.” We are local attorneys who understand the specific medical providers and judges in the Buffalo area.

Frequently Asked Questions

Do I need a lawyer for a hearing loss case in New York?

While you can file a claim alone, insurance companies often dispute the cause of hearing loss or the degree of impairment to minimize payouts. A lawyer ensures that your medical evidence is filed correctly, the “date of disablement” is set in your favor, and you receive the maximum award possible under state guidelines.

What if my employer provided ear protection?

You may still have a valid claim. Even with earplugs or muffs, prolonged exposure to high-decibel machinery—common in Buffalo’s manufacturing sectors—can still cause permanent damage. Providing protection does not disqualify you from receiving workers’ compensation benefits for the hearing loss you actually sustained.

How is a hearing loss settlement calculated?

New York uses a specific formula that converts your percentage of hearing loss into a set number of weeks of compensation. This is based on your average weekly wage. Because this calculation is purely mathematical once the percentage is determined, having an attorney to verify that the audiogram results are accurate is vital to your total recovery.

What is “Tinnitus” and is it covered?

Tinnitus is the medical term for a constant ringing, buzzing, or hissing in the ears. While New York workers’ compensation primarily pays for “measurable” hearing loss (decibel loss), tinnitus is often a key symptom that accompanies it. Having a diagnosis of tinnitus can help establish the occupational nature of your claim and ensure your medical treatment, including specialized masking devices, is covered.

Will I get in trouble with my boss for filing a claim?

No. New York law strictly prohibits employers from retaliating against employees for filing a workers’ compensation claim. Workers’ comp is a “no-fault” insurance system designed to protect both the worker and the employer. Filing a claim is your legal right, and we are here to protect that right if you face any issues at work.

Experience the Lewis & Lewis, P.C. Difference

When you choose Lewis & Lewis, P.C., you are choosing a firm that values transparency and results. Our offices are equipped with the latest technology to stay connected with our clients, and our attorneys are regular fixtures in the Buffalo legal scene. We don’t just fill out forms; we tell your story to the judge to ensure your hard work and your health are respected.

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Take the Next Step Toward Hearing Better

If the noise of your career has left you with a permanent disability, you deserve the benefits the law provides. Contact Lewis & Lewis, P.C. today.

Call us at (716) 854-2100 or visit our Buffalo office at 37 Franklin St Suite 800, Buffalo, NY 14202 to schedule your free consultation.

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Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location

Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987

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Satisfied Client Stories

”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.

Fred T.Kenmore, NY - Steam Fitter
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