Hearing Loss From Work. Do I Get Compensation?

Any person who has been exposed to noise in the work place may be able to claim workers compensation for noise induced hearing loss, says Victoria Bell.

There is no age limit, and it doesn’t matter if you have resigned from the position or retired.

The claim is lodged against the relevant employer who will either be self insured or represented by a compensating authority, such as Employers Mutual Limited or Comcare.

What can be claimed?

South Australian Claims

If the claim is lodged under the South Australian workers compensation scheme a claim can be made for the following:

– Reimbursement of any hearing aids already purchased;

– Pre-approval of hearing aid purchases;

– Potential lump sum compensation.

To be entitled to lump sum compensation the injured person must have a 5% Whole Person Impairment as a result of their hearing loss and/or tinnitus.

A 5% Whole Person Impairment is usually an 8.8% binaural hearing loss after presbycusis adjustments.

The Whole Person Impairment must be calculated by an Ear, Nose and Throat surgeon who is an accredited assessor and registered with Return to Work SA as such.

Commonwealth Claims

Under the Commonwealth system the entitlements are the same as the State system.

However, the threshold for lump sum compensation slightly different than South Australian legislation.

There is also possibility to claim for pain and suffering which cannot be claimed under the State Scheme.

What is the compensation process for a hearing loss?

1. See an Audiologist for a binaural hearing loss assessment.

2. Provide the binaural hearing loss assessment and brief employment history to your lawyer, which will include details about the noise exposure at the workplace.

3. Lodgment of claim with relevant employer or compensating authority. There will be ongoing dealings with the employer or compensating authority while the claim is investigated.

4. Independent Medical Examination. You will be sent to an Ear, Nose and Throat surgeon who will provide a report, assessing the link between your loss of hearing and the workplace, and the level or permanent impairment.

5. Negotiation with employer or compensating authority. If terms are agreed to, the process ends here.

6. If it is not resolved, the lodgment of dispute proceedings will be required.

For more information or advice about hearing loss compensation in Adelaide, Perth and Darwin, contact your nearest TGB office.