Industrial deafness claims
Occupational deafness, in other words, industrial deafness, is a serious injury that can limit a person’s life. It may occur due to a specific accident, or event that has a gradual onset. The most common symptoms of occupational deafness are difficulties hearing in open spaces, difficulty talking on the phone, watching broadcasts on a higher volume. Machine operators, miners, truck drivers, factory and construction workers have a relatively higher hearing loss chance than other workers.
If you have experienced hearing loss or impairment due to your workplace, you may be entitled to make a workers’ compensation claim.
What do I claim?
- Costs of medical expenses – such as the cost of a hearing aid and other reasonable and necessary medical expenses
- Weekly payments for loss of income – based on your average earnings before the injury and capacity to work
- Lump sum payout for your permanent injuries – if your physical permanent impairment meets the 11% permanent impairment rate. The permanent impairment threshold is greater than 0% for exempt workers.
- Domestic assistance – if your injuries meet the 15% whole person impairment limit
- Common law/work injury damages payout – if your employer was negligent and your permanent impairment meets the 15% whole person impairment limit.
How do I claim?
If you have experienced a significant hearing loss, you should first report this to your employer. Then have a medical assessment by a trained assessor of permanent impairment, and request a Certificate of Capacity that indicates whether your hearing loss is due to your work or not. Once you obtain the medical certificate, complete the Work Injury Claim Form as soon as possible and send both documents to your employer who should then complete their part and send it to their workers compensation insurer who will then be in contact with you.
Hearing loss permanent impairment
If your hearing loss degree is severe, you might be entitled to claim a lump sum payment for your occupational deafness. In order to receive a lump sum compensation for your hearing loss injury, your 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.
In order to claim a lump sum payment your hearing loss assessment would be assessed by an Ear, Nose and Throat (ENT) specialist who is approved by SIRA. You can search for an eligible assessor on the official website. Our workers compensation lawyers are the ones that would organise the assessment on your behalf. After your medical assessment, our workers compensation lawyers would, depending on the report which would include a copy of the audiogram, claim lump sum compensation on your behalf based on the whole person impairment .
What if I am an exempt worker?
Claims for exempt workers are processed differently. The minimum permanent impairment threshold for exempt workers is greater than 0%. Read our exempt worker blog for further information.
How much is my hearing loss claim worth?
The degree of your hearing loss, your recovery time, your capacity to go back to work are some important variables that affect the amount of compensation you may receive for your hearing impairment. Our experienced workers’ compensation lawyers will be able to calculate estimated the amount of your hearing loss claim.
Industrial deafness claim time limit
The time limit to submit the Work Injury Claim Form is 6 months after your injury. If your permanent impairment is assessed at or greater than 15%, the time limit is 3 years. If you had an accident more than 3 years ago, you still may be able to make a claim. Reach our workers’ compensation lawyers for further details.
How long does my claim take?
Once the insurer receives the Work Injury Claim Form, you should receive a response about the progress of your claim within 7 or 28 days. Industrial deafness claims are generally assessed under workers compensation claims; if your permanent impairment is meets the 11% permanent impairment threshold, your claim may be finalised in 1.5 years. However, each claim is different, you can reach our team at Withstand Lawyers to get a detailed answer for your questions, call us on 1800 952 898 for a free claim check.
Do I need to pay to make a claim?
The short answer is no; our team at Withstand Lawyers are approved by the Independent Review Office which means your legal costs are covered and you do not pay legal costs regardless of the outcome.