Industrial Deafness (also referred to as work-related hearing loss) is a form of hearing loss that occurs from exposure to high levels of sound within the workplace.
Industrial deafness typically develops from either:
- Working in a noisy environment for a prolonged period of time without appropriate hearing protection; or
- Following a one-off exposure to an extremely high level of noise.
Work-related hearing loss can greatly impact a person’s life. Workers who have suffered hearing loss can have difficulties hearing in social settings with background noise, hearing loved ones, family and friends.
If your hearing becomes permanently impaired because of your work environment, you may be entitled to make a claim for hearing aids or lump sum compensation.
How do I make a claim for industrial deafness?
If you think that you may suffer from industrial deafness, the first step in any compensation claim is to seek independent legal advice.
If you are still employed with a noisy employer and you think you may suffer from industrial deafness, it is important that you contact your employer and give notice of your injury.
How do I know if I am entitled to make a claim for industrial deafness?
To determine whether you are entitled to make a claim for industrial deafness we recommend that you attend your local audiologist and undergo hearing test (audiogram). Your audiologist will advise you whether you have hearing loss based on the outcome of the audiogram
How do I know who I claim against?
Industrial deafness typically develops over a prolonged period of time and workers often do not realise that they may be entitled to compensation until after they have worked for a number of employers. The legislation provides that industrial deafness claims are to be made against your last noisy employer.
When the hearing loss is gradual, the date of injury is deemed to be the last day you were employed in the noisy work environment. The insurer for the employer on that day is responsible for managing and paying your compensation.
What does it cost to make a work-related hearing loss claim?
Many people are not aware of their entitlements under the workers compensation scheme. A legal representative will assess your entitlements and act on your behalf. The funding for legal representation is paid for under the Independent Legal Assistance Review Scheme (‘ILARS’). You will not be charged any legal fees or expenses as they will be covered by the Independent Review Office (‘IRO’).
Is there anything I can do to assist with my claim for industrial deafness?
You will need to demonstrate to your employer’s insurer that your hearing loss occurred as the result of your noisy work environment by providing evidence that you worked there and the nature and extent of the noise you endured. Proof of employment can be provided by way of tax assessments, group certificates, pay slips or any other documentation that proves you were employed in that noisy work environment. Due to recent policy changes by the Australian Taxation Office (‘ATO’), solicitors are not able to request copies of your taxation records unless they act for you in relation to a taxation law. To help shorten the claims process, it is important that you provide your solicitor with any proof of employment as to your last noisy employer.
If you believe that you are suffering from industrial deafness, we would be pleased to speak with you in a no-obligation consultation to advise you about your rights and entitlements. You can click here to book an appointment or call us on (02) 4050 0330 for a no-obligation consultation to discuss your potential industrial deafness claim.
