Industrial deafness claim: time limit and compensation

Industrial deafness, also known as industrial hearing loss, is a condition that can affect individuals across various industries in Australia. This article aims to explain what industrial deafness is, how to claim compensation, deadlines for claiming compensation, symptoms and preventive measures.

To claim compensation for industrial deafness in Australia, individuals must adhere to specific requirements. The eligibility criteria may vary across states, but in general, claimants need to meet the following conditions:

• Diagnosis timing: Claimants usually have up to three years from the date of their industrial deafness diagnosis to initiate a compensation claim.
• Hearing loss thresholds: The severity of hearing loss plays a crucial role. For instance, in Victoria, there is no specific level required for claiming compensation, but a 10% binaural hearing loss and further deterioration might be necessary.
• Workplace departure date: If the individual left the workplace responsible for the industrial deafness after November 12, 1997, and has at least a 10% binaural hearing loss, they may qualify for compensation.
• Compensation thresholds: For victims who experienced industrial deafness on or after a certain date, a 20.5% hearing loss is often required to receive lump sum compensation.

It is crucial to consult with legal and medical professionals to navigate the complexities of the claims process.

Compensation for industrial deafness is provided through a lump sum payment. Upon acceptance of your claim, WorkCover will arrange for an assessment of your hearing by an audiologist, aiming to determine the extent of work-related, long-term hearing loss. The degree of permanent damage resulting from your injury is termed the degree of permanent impairment (DPI).

The compensation amount is determined based on the level of work-related hearing loss experienced. WorkCover will propose a compensation offer, considering factors such as:

• Hearing loss occurring outside Queensland or during self-employment (if applicable)
  
• 5% of hearing loss attributable to natural aging
• Hearing loss from prior assessments

In Australia, industrial deafness compensation payouts vary based on factors such as the extent of hearing loss and the jurisdiction. Generally, if a worker experiences industrial deafness, they may be eligible for a lump sum payout. The compensation is often determined by the percentage of binaural hearing loss, which refers to the combined loss in both ears.

The payout depends on the severity of hearing loss, with percentages ranging from 6% to 10% and beyond.

• For instance, in Victoria, a worker leaving the workplace after 12/11/1997 with at least 10% binaural hearing loss could receive compensation of around $700.
  
• Police and emergency services workers may only need 6% binaural hearing loss to be eligible for compensation, resulting in a 1% Whole Person Impairment (WPI).
  
• In New South Wales (NSW), those experiencing hearing loss before January 1, 2002, may receive lump sum compensation between $520 to $650 per 1% binaural hearing loss.
• Queensland's WorkCover offers a lump sum payment for accepted claims, with compensation determined by the severity of industrial deafness.

The permanent impairment threshold, often set at 11%, may be a criterion for determining the compensation amount.

If you suspect industrial deafness, a hearing test is imperative. Book a free hearing test at your local clinic, such as Amplifon, to assess the extent of your hearing loss accurately. Early detection can aid in determining the appropriate course of action for treatment and potential compensation claims.

How to address industrial deafness varies depending on the specific impact it has on individuals, ranging from temporary hearing loss to permanent hearing loss and tinnitus. The appropriate course of treatment is tailored to each case.

Unlike some other types of hearing impairment, industrial deafness is often preventable. Several measures can be implemented to minimize exposure to high levels of noise in the workplace:

• Ensuring proper hearing protection, such as earmuffs and earplugs, is worn when working in loud environments.
• Regularly checking that all hearing protection equipment is in good working order and used appropriately.
• Minimizing the duration of exposure to high levels of noise whenever possible.
• Introducing soundproofing and noise reduction equipment to the work environment.
• Undergoing regular hearing tests to monitor any changes over time.

Given that the symptoms of industrial deafness may take months or even years to become noticeable, particularly with prolonged exposure, it is crucial to consistently implement all preventive measures whenever possible.