Work-related hearing loss, also known as industrial deafness, is a common concern across various industries in New South Wales. Here are 10 frequently asked questions regarding industrial deafness claims:
What is industrial deafness?
Industrial deafness refers to hearing loss caused by exposure to excessive noise levels in the workplace. Claims for industrial deafness commonly arise when workers are exposed to excessive noise levels over a period of time (often years). Industrial deafness claims sometimes arise due to isolated events of extreme noise sufficient to cause immediate hearing loss, such as explosions and heavy industrial collisions.
What are the signs and symptoms of industrial deafness?
Signs and symptoms of industrial deafness include:
- difficulty hearing conversations;
- requiring the television to be above a volume that causes discomfort to those around you;
- ringing or buzzing in the ears (also known as ‘tinnitus’);
- muffled hearing; and
- struggling to hear voices over the telephone and/or with background noise.
Are employers in New South Wales obligated to protect their employees from industrial deafness?
Yes, employers in New South Wales are legally obligated to provide a safe work environment and to take measures to prevent industrial deafness under the Work Health and Safety Act 2011 (NSW). Industrial Deafness is a compensable workplace injury.
How is industrial deafness diagnosed in New South Wales?
Industrial deafness is diagnosed by way of simple hearing tests, usually conducted by audiologists or other qualified healthcare professionals in the first instance.
Is industrial deafness compensable in New South Wales?
Yes, as above, industrial deafness is compensable under the Workers Compensation Act 1987 (NSW). Workers are entitled to claim compensation for work-related hearing loss.
Successful claims for compensation can result in the liable insurer providing ‘reasonably necessary’ hearing aids and equipment for the rest of your life, reimbursing any privately purchased hearing aids, as well as lump sum compensation in the form of a one-off payment.
However, in order to be entitled to lump sum compensation, there are statutory thresholds which must be met.
What are the steps to file a compensation claim for industrial deafness in New South Wales?
If you think that you have suffered a work-related injury, you should contact an IRO Approved Lawyer for tailored legal advice.
Is there a time limit for filing a workers’ compensation claim for industrial deafness in New South Wales?
Yes, there is a time limit for filing a workers’ compensation claim for industrial deafness in New South Wales. Typically, the claim should be lodged within six months from the date a worker becomes aware of the hearing loss.
However, you do not need to be currently employed with a ‘noisy employer’ to be entitled to claim compensation. Industrial deafness claims are often made retrospectively and served on a worker’s last noisy employer, regardless of how long it has been since they worked there.
For example:
John worked as a tradesman for multiple noisy employers in his lifetime and he retired in 2020. From 2005 to 2019 he worked for ‘ABC Trades’ which was a noisy employer. In 2019, he worked for ‘XYZ Trades’ (which was also noisy) for one (1) year, and then he retired. In 2023, he was assessed as having a degree of work-related hearing loss.
Although John has been retired for three (3) years, he is still entitled to make a claim for industrial deafness. John assumed that ABC Trades would the liable employer because he worked there for 14 years.
However, as XYZ Trades was his last noisy employer, XYZ Trades is the liable employer despite him only working there for one (1) year.
Can workers obtain legal advice and assistance in order to pursue industrial deafness claims?
Yes, workers (including retired workers) can obtain legal advice and assistance at no personal cost to them in New South Wales.
The Independent Review Office (‘IRO’) funds Approved Lawyers to assist injured workers to help navigate the claims process, to ensure that workers’ rights and entitlements are protected and exercised to the full extent of the law in New South Wales. If you need assistance with a claim for work related hearing loss, phone us on (02) 4050 0330 or enquire online.
