A workers' compensation change buried in S3297 eliminates the hearing aid exemption—and creates a new cost liability for Rhode Island employers.
Most Rhode Island professional services owners don't realize that a provision in S3297 has fundamentally changed what they must pay for when an employee suffers a work-related injury. The bill, which amends the state's workers' compensation statute, strikes language that previously exempted employers from covering hearing aids and amplification devices. As of the bill's passage, that exemption is gone.
Under Rhode Island's workers' compensation law, employers are required to provide medical services to injured employees. For decades, there was a carve-out: hearing aids and amplification devices were explicitly exempt from coverage. Section 2 of S3297, which amends § 28-33-5 on page 6, removes that exemption.
In plain terms, this means hearing aids are now treated like any other prescribed medical device or treatment for a work-related injury. If an employee's hearing loss is determined to be job-related, the employer becomes responsible for the cost of the hearing aid itself, as well as related amplification devices.
This applies to all Rhode Island employers covered by workers' compensation insurance—including small professional services firms. It doesn't matter if your business is a consulting firm, accounting practice, law office, or design studio. If you have employees and one suffers a compensable hearing injury (whether from sudden acoustic trauma or cumulative noise exposure), you're now liable for hearing aid costs.
The change is particularly relevant for businesses in noisier environments—manufacturing, construction, or facilities management—but the law applies across all industries. A hearing loss claim that's approved by the workers' compensation court now includes device coverage as a mandatory benefit.
This is a real financial exposure. Hearing aids range significantly in cost, from several hundred to several thousand dollars per device, depending on the type and features. Employers can no longer point to the old exemption to limit their liability.
If you manage workers' compensation claims, you should alert your insurance carrier and review your current policies. If you've previously denied hearing aid coverage based on the old exemption, you may want to consult with your workers' compensation attorney about the implications for open or recently closed claims.
The effective date is upon passage of S3297. There is no phase-in period or grace period for employers to adjust.
Review your workers' compensation procedures with your insurance broker or attorney to understand how this change flows through the claims process. Make sure your safety and claims management practices account for hearing protection and injury prevention—the best way to manage this new liability is to prevent hearing injuries in the first place.
Source: S3297, Section 2, amending Rhode Island General Laws § 28-33-5, Page 6.