Industrial Deafness Compensation 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 industrial deafness due to your workplace, you may be entitled to make a workers’ compensation claim.
What are my entitlements for an Industrial Deafness claim?
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.
An industrial deafness compensation claim example
The worker below is assessed at being 11% whole person impairment, and his injuries occurred due to his employer’s negligence.
|Medical expenses + Weekly wages||$5,200|
|Permanent impairment lump sum payout||$24,810|
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% binaural 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 .
How do I claim industrial deafness compensation?
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.
You can call our workers compensation lawyers for a free claim check.
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.
Frequently asked questions
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.
The answer is no. Our ICWA lawyers operate on a No Win No Fee policy which means unless you win you do not pay our legal costs and disbursements out of pocket. You are only required to pay our legal costs and disbursements after you are successful in receiving compensation from the compensation monies.
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.
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Workers compensation lump sum payments in NSW In New South Wales, when a worker sustains an injury during the course of employment, physically or psychologically, he/she