Understanding claim timing for industrial deafness claims

Hearing loss can have profound impacts on a person’s quality of life and ability to work. 

Thankfully, awareness of the potential dangers of industrial hearing loss are beginning to be taken seriously by institutions such as WorkSafe and the Victorian Courts, with special rules being introduced to make claiming industrial hearing loss compensation easier for workers.

Industrial hearing loss can present as a barrier to communication, a challenge to safety, and a hindrance to professional and personal interactions. At Gordon Legal, our industrial hearing loss lawyers specialise in facilitating and unpacking the complexity of workers’ compensation.  Our team is dedicated to providing clear, compassionate, and competent legal guidance to ensure that you receive the compensation you deserve. 

If you’re struggling with the effects of work-related hearing loss, contact us today online or call 03 9603 3000.

What is industrial hearing loss compensation? 

Workers in a variety of industries can be exposed to overly noisy working conditions which may lead to work-related hearing loss. Typically, industrial hearing loss occurs after prolonged exposure to unsafe levels of noise at work, often but not exclusively at construction or manufacturing sites, factories and warehouses, airline ground maintenance sites, and farms.

Industrial hearing loss may also referred to as occupational hearing loss, noise induced hearing loss or industrial deadness. These terms are often used interchangeably to describe the complete or partial loss of the ability to perceive sound as a result of exposure to hazardous noise in the workplace. 

Even relatively mild forms of hearing loss can take a toll on work-related duties and can extend beyond the workplace to affect family and social life. Therefore, those who suffer from industrial hearing loss are entitled to seek compensation. 

Industrial hearing loss benefits can be pursued through two main avenues: 

1. WorkCover Claims and Benefits: Initiate a WorkCover claim for medical and like expenses, loss of income and no-fault compensation.
2. Common Law Claims: File a lawsuit against your employer for failing to protect you from industrial hearing loss.

This article can be your initial guide to navigating the industrial hearing loss claims processes and help you identify what industrial hearing loss benefits you may be entitled to.

WorkCover Claims and Benefits

The Victorian State Government has established a no-fault compensation scheme which allows workers who suffer from industrial hearing loss to apply for compensation through WorkCover. 

What is included in WorkCover industrial hearing loss claims and benefits?

• Hearing aids and accessories– including the purchase price, fitting, and maintenance costs.
• Medical expenses – including any hearing tests or other treatments related to industrial hearing loss.
• Loss of income – If you are unable to work due to your industrial hearing loss you may be eligible for weekly payments if you suffer an incapacity for work resulting from or materially contributed to by your industrial hearing loss injury.
• Lump sum compensation – in some circumstances, WorkCover will provide a lump sum payment to compensate a worker for their permanent industrial hearing loss.

A more comprehensive break down of the exact types of industrial hearing loss compensation and benefits available to workers can be found in this article: I have been exposed to noise at work. Am I entitled to compensation?

How to Make a WorkCover Claim with Gordon Legal’s Assistance

Gordon Legal is here to take the stress and complexity out of the hearing loss compensation claim process by managing your compensation journey. For example, Gordon Legal will:

1. Schedule a free consultation for you with one of our industrial hearing loss  experts to assess your initial eligibility. Please feel free to call Gordon Legal on 03 9603 3000. 
2. Schedule a hearing test with an audiologist on your behalf to assess the extent of your injury. 
3. Assist with any questions or concerns that you may have when completing a Worker’s Injury Claim Form, which is available here. (this form needs to be updated, I will provide with the current form)

Conduct a thorough review of your hearing test results and any supporting material, prepare the necessary claim documentation and  lodge your claim. Provide you with advice regarding the outcome of your claim and your entitlements. Gordon Legal boasts industry leading lawyers who have a proven track record of successfully advocating for those suffering from industrial hearing loss. An example of a satisfied customer can be found here. 

We understand that every case is personal, and we are committed to securing the compensation and benefits you deserve. Contact us today online or call 03 9603 3000.

Common Law Claims for Industrial Hearing Loss Compensation

When WorkCover benefits do not fully address the impact of industrial hearing loss, you may consider pursuing a common law claim against your employer. 

This type of legal action is designed to account for an employer’s negligence that led to your hearing loss. It requires complex legal argumentation to establish your employer’s liability and quantify the financial and/or personal loss you have suffered to date, and are likely to suffer in the future.

The Common Law Claim Process: A step-by-step guide

• Establishing employer negligence: To succeed in a common law claim, you must prove that your employer breached their duty of care. This involves establishing that they failed to provide you a safe working environment or adequate protection from damaging noise levels, leading to your industrial hearing loss.

• Gathering evidence: Collecting evidence is critical. This includes medical reports confirming your hearing loss, records of workplace noise levels, and any correspondence with your employer or place of work regarding requests for hearing protection or reports of hazardous noise exposure.

• Calculating damages: Your industrial hearing loss lawyer will help you calculate the full extent of your damages. This can include compensation for your pain, suffering, loss of quality of life and, potentially, past and future loss of income

• Negotiating settlements: Most industrial hearing loss compensation suits are settled out of court. Your lawyer will negotiate with your employer’s insurance company and advocate for the industrial hearing loss settlement that you deserve.

• Litigation: If a settlement cannot be reached, your case may go to trial. Gordon Legal’s lawyers are among the most experienced in the industry and will advocate fiercely on your behalf inside and outside of the courts.

Why Choose Gordon Legal for Your Common Law Claim?

At Gordon Legal, we recognise that every case is personal. We strive to understand the nuances of every client’s story and tailor our expertise to their specific circumstances. 

Our industrial hearing loss lawyers are well versed in the complexities of occupational health and safety regulations, common law and statutory legal duties, and the WorkCover compensation claims process – making Gordon Legal your one-stop-shop for industrial hearing loss compensation. 

For a free initial consultation on how to claim industrial compensation for your industrial hearing loss, contact us online or call 03 9603 3000.