hearing loss claims

In order to make a claim for hearing loss a worker needs to establish that the loss arose from the worker’s “noisy employment”. That is, loss of hearing in itself is not enough to establish a claim. A medical assessment is undertaken to determine that the hearing loss is in fact related to the employment and the extent of the loss.

It is important in the making of a claim for hearing loss to determine the “date of injury”. Generally speaking, the date on which notice of the injury is given is deemed to be the date of injury. If at the time of giving notice the worker is not employed at a noisy workplace or at all, then the date of injury is deemed to be the last day that the worker was employed in a noisy workplace. A workers compensation insurer can seek a contribution from any previous noisy employers in the five-year period preceding the claim.

If a worker believes that they may have suffered work-related hearing loss, they should consult their doctor and request a hearing test to be undertaken. Various hearing centres will provide free hearing tests. Once the hearing test has been conducted which demonstrates hearing loss, an examination is thereafter arranged with an Ear Nose and Throat Specialist to undertake a full assessment to determine:

1. The level of binaural (on both sides) hearing loss.
2. The extent to which the hearing loss is attributable to the worker’s employment.
3. Any recommended treatment, for example, the provision of a hearing aid

To learn more, simply telephone Brydens Lawyers on 1800 848 848 and make an appointment to speak with one of our expert workers compensation lawyers about your hearing loss injury. 

A hearing loss claim is required to be lodged as soon as possible after the worker ceases working in noisy employment. There is a time limit of 6 months which applies from when the worker is last exposed to noisy employment and when they can lodge a workers compensation claim with the employer. If you have suffered hearing loss and you believe that same may be related to your employment, then you should undertake an assessment to determine the extent of that loss and whether same is related to your employment.  If so, contact the experts at Brydens Lawyers today for the purpose of a free* initial consultation to assess your entitlements to lump sum compensation. *Conditions apply.

Once hearing loss has been established as being referable to a noisy workplace, then a claim for compensation may be available. For injuries which occurred after 1 January 2002, a claim for lump sum compensation is only available if the worker is assessed as having an 11% whole person impairment or more arising from the hearing loss. In order to achieve this threshold the worker must establish a binaural hearing loss of at least 20.5%. 

For injuries before 1 January 2002, the hearing loss is compensable if assessed at being at least 6% or more binaural hearing loss.

An injured worker is entitled to claim permanent impairment compensation for their loss of hearing if these thresholds are met. There is also the ability to claim hearing aids or the cost of any other treatment that may be required.