How is compensation for industrial hearing loss calculated?

Industrial deafness is incredibly common in Australia among workers who are routinely exposed to loud noises in their workplaces and are not provided with adequate ear protection. These workplaces can include those in the mining, construction, and manufacturing industries.

Calculating compensation for industrial hearing loss due to workplace hearing damage can be a stressful and complicated process. At Gordon Legal, it is the goal of our industrial hearing loss team to assist you with gaining the compensation you may be eligible for as a result of your workplace hearing impairment.

The kind of compensation you can receive for your workplace hearing loss claim is determined by the outcome of a hearing test and the percentage of hearing loss you have suffered as a result of routine exposure to loud noise at work. You may be eligible to receive subsided hearing aids and medical expenses, ongoing weekly wage support and an additional lump sum payment as further compensation for your impairment. You can find an in-depth outline of what kind of compensation you may be eligible for regarding your occupational hearing loss claim here.

It is important to note that Work Cover will only cover the reasonable costs of a range of hearing services and devices offered by pre-approved providers. Therefore, it is essential to ask these providers whether WorkCover has approved them to provide their services regarding compensatory claims for industrial hearing loss or occupational deafness.

1. What are the symptoms of industrial hearing loss?

Industrial hearing loss symptoms typically develop after workers are routinely exposed to loud noises in their workplace without suitable hearing protection for an extended period of time. However, they can also manifest as a result of exposure to a particularly high level of noise from a single incident.

There are a wide range of symptoms of workplace hearing loss; however, some common symptoms include:

• Temporary or permanent hearing loss in one or both ears.
• A consistent high-pitched ringing in one or both ears. This is also commonly referred to as tinnitus.
• A feeling of pressure in one or both ears.
• Certain noises have become muffled or less clear in one or both ears.
• Increased trouble with understanding people in noisy environments.
• Increased difficulty following along parts of a conversation despite attempting to pay attention.

2. What types of industries are most commonly associated with industrial hearing loss?

Workplace deafness can occur among a variety of different workers in many different kinds of industries. However, some workplaces pose a higher risk to workers for industrial hearing loss than others:

• Mining.
• Construction
• Manufacturing.
• Transport.
• Agriculture.
• Live Music.
• Entertainment.

3. What documentation do I need to file a compensation claim for hearing loss?

Our industrial hearing loss team at Gordon Legal is dedicated to assisting you in navigating the workplace hearing loss claim process. This process has several steps, and our team will ensure that you have access to all the documentation required for a successful workers’ compensation claim.

Firstly, a qualified audiologist must test your hearing to determine whether you are entitled to compensation. If you contact a member of our team, they will arrange a hearing test for you and provide some initial advice about the potential compensation you may receive.

Next, Gordon Legal will arrange for an otolaryngologist, or an ear, nose and throat (ENT) specialist to review the results of this hearing test. This specialist will review your results and provide a detailed report outlining the extent of your industrial hearing loss. This report, as well as the results of the audio test, are essential parts of instigating a workplace hearing damage claim.

Once these medical reports have been produced, you will need to complete the standard WorkCover Injury Claim Form. If you intend to file a claim for additional compensation for industrial hearing loss beyond medical and treatment expenses, you must also obtain a Certificate of Capacity from a medical practitioner. Our industrial hearing loss team will assist you with the collecting and filing of all these medical records.

Once these medical records have been collected and the relevant forms have been completed, our legal team will assist in submitting these forms to your employer. Once your employer has received these documents, they must pass them to their WorkCover insurer. This insurer will use the provided documents to determine whether your claim has succeeded, failed or if they need additional information to reach a conclusion.

It is important to note that the workplace insurer may require you to undergo an additional hearing test to determine the extent of your hearing loss. This practitioner will be an independent medical professional, and the insurer will cover the cost of this assessment.

4. Can I claim compensation for tinnitus as part of my industrial hearing loss?

Tinnitus is a disease that causes a constant high-pitched ringing in one or both ears. It is a common symptom of industrial hearing loss and workplace deafness. You can claim compensation for tinnitus as a part of your workplace hearing loss claim.

To successfully obtain compensation for tinnitus as a part of an industrial hearing loss claim, it must be demonstrated that it was caused by your workplace. Therefore, it is recommended that you contact a member of our team, who can begin filing your hearing loss compensation claim and organise an appointment with an audiologist.

5. How can I verify the legitimacy of a compensation claim service or attorney?

Verifying the legitimacy of a compensation claim service or attorney is essential in ensuring that your industrial hearing loss claim is handled appropriately. There are two steps you can take to ensure your noise-induced hearing loss or industrial deafness claimed is being conducted by a legitimate service or legal professional:

• Research: You may consider researching the services’ or lawyer’s reputation to determine the legitimacy of their services. At Gordon Legal, we pride ourselves on having an outstanding reputation, as outlined by many of our customer reviews. In particular, we have a strong industrial hearing loss team that is committed to helping you with your claim from beginning to end.
• Check Credentials: If you wish to further verify the legitimacy of a compensation claim service or an attorney, you can validate their credentials via the Victorian Legal Services Board and Commissioner’s website. This service maintains a registry of all accredited lawyers in Victoria and their specialised practice areas.

If you are considering filing an occupational deafness compensatory claim or have suffered industrial hearing loss due to your employment, please get in touch with a member of our team at 03 9603 3000 or contact us online for an obligation-free appointment.