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Workers' Compensation

Claim for Compensation after Industrial Deafness and Hearing Loss

— November 19, 2021

If you have experienced hearing loss or impairment due to your workplace, you may be entitled to make a workers’ compensation claim.

Industrial deafness is a serious type of injury faced by those who are exposed to noise for a long time, especially in the work environment. The life of a person with industrial deafness can be severely limited. In particular, machine operators, miners, factory workers and construction workers are more likely to suffer this injury.

The most common symptoms of industrial deafness can be listed as follows: difficulty hearing even in an open area without sound, watching television at a loud volume, difficulty hearing the other person while talking on the phone…

Can compensation be claimed for industrial deafness?

Yes. If you have experienced hearing loss or impairment due to your workplace, you may be entitled to make a workers’ compensation claim.

So, what can be claimed in compensation?

  • Expenses of medical expenses required for the treatment of the injury (for example, hearing aid fee)
  • Weekly payments to compensate for loss of income after injury (to be calculated based on pre-injury status and working capacity)
  • If the physical permanent disability exceeds the 11% limit, a lump sum payment may be requested.
  • In addition, domestic assistance can be requested if your disability exceeds the 15% limit.
  • If your injury was caused by the negligence of the employer and your disability limit is above 15%, you may be required work injury damages pay out.

As each situation is different, we recommend that you speak to a workers’ compensation lawyers in Sydney to find out your rights in NSW, Australia.

How to make a claim for compensation?

If you have had a hearing loss at work, you must first notify your employer. You must then request a certificate of capacity proving that your hearing is due to your work. After the health report received, the Work Injury Claim Form should be filled as soon as possible and both documents should be sent to the employer. After the employer fills in their parts, all documents will be sent to the insurer and the process will begin.

Can hearing loss be considered a permanent impairment?

Image by CDX, via
Image by CDX, via

If the degree of hearing loss is severe, this may be considered as permanently impairment and may be entitled to a lump sum payment. To receive a lump sum compensation for hearing loss injury, the percentage of hearing loss in both ears should be at least 20.5% as 20.5% hearing loss is the equivalent of 11% permanent hearing impairment under the workers’ compensation scheme.

Are there any limits on industrial deafness claim time?

Although there are some time limits, there is still a chance to claim compensation when these times pass.

For example, there is a 6-month time limit to submit the Work Injury Claim Form. Or, if permanent impairment is 15% or more, this time limit is 3 years. But as mentioned earlier, if you had an accident more than 3 years ago, you may still have a chance to file a claim.

You can make the most detailed and accurate assessment of your situation with compensation lawyers.

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