Industrial deafness claims in NSW

If you’ve worked in a noisy industry in NSW and you have hearing loss, you may be entitled to worker’s compensation through an industrial deafness claim. A successful industrial deafness claim can assist with the cost of hearing aids and also lump sum compensation. Examples of noisy industries include:

• construction;
• transport;
• manufacturing;
• cement production;
• ship building;
• metal work (including smelters);
• road workers;
• farming, and others.

What are the symptoms of industrial deafness (industrial hearing loss)?

Some common symptoms of industrial deafness include:

• a gradual loss of hearing and onset of tinnitus (“ringing” in your ear/s);
• having trouble hearing people on the phone;
• problems watching TV or even listening to the radio unless the volume is significantly increased;
• trouble hearing in open spaces, which might include at a shopping centre or indoor venues; and
• difficulty in ascertaining where a sound or sounds came from.

If you are suffering from any or even all of these symptoms, it is recommended that you attend an audiologist and obtain an audiogram. The audiologist will confirm if you are suffering from hearing loss based on the findings of the audiogram.

What compensation can I claim for industrial deafness?

If you are diagnosed as suffering from hearing loss, based on the audiogram findings, and it is deemed to be an industrial deafness injury, under the NSW worker’s compensation scheme, you are entitled to claim:

• the costs of hearing aids; and
• lump sum compensation.

Lump sum compensation

If you were exposed to a noisy work environment in NSW after 1 January 2002, your audiogram will need to demonstrate a binaural hearing loss of at least 20.5% to be able to claim lump sum compensation.

If you were exposed to a noisy work environment in NSW before 1 January 2002, lump sum compensation is payable for an assessed hearing loss of 6% or more binaural hearing loss.

The only exceptions to the above are police officers, paramedics, firefighters and coal miners, for whom the threshold is 6% binaural hearing loss, even for exposure after 1 January 2002.

Binaural hearing loss is hearing impairment in both ears.

Hearing aids

Regardless of when you stopped working, if you have an accepted industrial deafness claim, you are entitled to a lifetime supply of hearing aids. New hearing aids are fitted every five years and in case you lose them, you have an entitlement to immediate replacement. There is no hearing loss threshold to claim for hearing aids.

How does the industrial deafness claims process work?

Firstly, you will need to obtain an audiogram from an audiologist. If you are unsure of audiologists in your area, it is a good idea to speak with your GP, who will be able to assist you. Once you have obtained your audiogram, speak with a worker’s compensation lawyer about your options. At Hall Payne, we provide this initial consultation at no charge to you.

GET ADVICE FROM A WORKERS COMPENSATION LAWYER:  1800 659 114

After your initial (free) consultation, we will apply for funding from the Independent Review Office. Once the grant is received, we will provide you with further advice regarding your legal rights and entitlements. This grant will also cover all disbursements (third-party costs), such as medical reports and clinical notes.

We will organise an appointment for you to be assessed by a SIRA qualified medico-legal specialist for the purpose of preparing a report to determine the extent of your hearing loss.

Once the medico-legal report is received by us, we will prepare all claim documents on your behalf and lodge the claim with your last noisy industry employer. This could be a former employer, even if you have retired, or if you are still working, your current employer. The claim may be for just hearing aids, lump sum compensation, or depending on the outcome of your medical examination, both.

Upon receipt of your hearing loss claim, the employer will notify its worker’s compensation insurer of your claim.

Typically, the insurer will respond to your hearing loss claim by requesting further information (which is known as further and better particulars) and organise for you to be medically examined by a SIRA-qualified medico-legal specialist of its choosing to obtain its own medico-legal report.

Once this is done, the insurer will consider your hearing loss claim, and will either approve your claim in full, attempt to negotiate an outcome with you or deny your claim.

What can I do if my industrial deafness claim is rejected?

If the insurer denies your industrial deafness claim, or the offer it makes is not acceptable to you, we will refer your matter to the Personal Injury Commission of NSW for dispute resolution.

This may result in your matter being heard by a Member of the Personal Injury Commission or you being medically examined by a Medical Examiner appointed by the Personal Injury Commission.

Are there time limits for an industrial deafness claim in NSW?

You will have up to three years from the date of your hearing loss diagnosis to make a worker’s compensation claim. This period commences from the date you first become aware that the hearing loss is related to your employment.

If your hearing loss developed gradually, Section 17 of the Workers Compensation Act 1987 outlines special rules for determining the date of injury for hearing loss or industrial deafness claims.

For gradual hearing loss, the date taken as the occurrence of injury is either:

• the date upon which notice was given to the employer of the hearing loss injury and the worker still works in a noisy environment; or
• the date upon which a worker last worked in a noisy environment, if they are no longer working in a noisy environment.

Do I really need a lawyer for an industrial hearing loss claim?

While it is not compulsory for an injured worker to engage a lawyer to pursue an industrial hearing loss claim on their behalf, it is worth noting that insurers frequently deny these types of claims, and without knowledge of the NSW worker’s compensation scheme laws, regulations, guidelines and procedures it is unlikely that you will be successful with your claim.

At Hall Payne Lawyers, we will manage the entire claim process on your behalf. This alleviates the pressure of having to communicate and negotiate any difficulties that can arise with the insurer, especially if the insurer denies liability for your claim.

What are the charges to me to pursue an industrial hearing loss claim?

In New South Wales, all legal costs and disbursements for worker’s compensation claims (including hearing loss claims) are funded by the Independent Review Office (IRO). Therefore, it is extremely important to seek assistance from an IRO qualified lawyer. The lawyers in the NSW personal injury team at Hall Payne Lawyers are IRO qualified lawyers. This means there are no costs payable by you in pursuing either a hearing loss or lump sum compensation claim with our assistance.

If you are an exempt worker (fire fighter, ambulance officer or police officer), Hall Payne Lawyers will represent you on a no-win, no fee basis. Upon obtaining a positive outcome for you, we will send our regulated costs and disbursements to the insurer for payment.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au