Industrial Deafness (also referred to as work-related hearing loss) is a form of hearing loss that occurs from exposure to dangerously high levels of workplace noise during employment.
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 significantly impact an injured worker’s enjoyment of life. Injured workers may have significant difficulty hearing in social settings – especially, when there is background noise. This can result in social avoidance, withdrawal and can cause other adverse health outcomes.
If your hearing is impaired because of your noisy work environment (and even if you left that noisy work environment many years ago), you may be entitled to make a claim for hearing aids and (potentially) 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 legal advice.
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 a hearing test (audiogram). Your audiologist will advise you whether you have hearing loss based on the outcome of the hearing test.
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 and/or they have retired. 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 your claim and paying compensation.
What does it cost to make a work-related hearing loss claim?
Most people are not aware of their rights and entitlements under the NSW workers compensation scheme. A legal representative will assess your entitlements and act on your behalf. The funding for legal services and representation is fully-funded 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’). You should discuss with your IRO Approved Lawyer if and when there may be exceptions to this rule.
Is there anything I can do to assist with my claim for industrial deafness?
You will need to demonstrate to your employer’s Workcover insurer that your hearing loss occurred as the result of your noisy work environment by providing evidence that you worked there and that noise levels were high. 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 (e.g. letter of termination, letter of commendation, etc.). Due to recent policy changes at 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 matter. To help with the investigation of your claim, it is important that you provide your solicitor with any proof of employment as to your last noisy employer.
If you believe you are suffering from industrial deafness, we would be pleased to assist with a free consultation, to provide expert legal advice on your rights and entitlements. Click below to book an appointment or call 1300 808 933 for more information.
