Industrial DeafnessCompensation Claims
What is industrial deafness?
Industrial deafness is the loss of hearing as a result of working for long periods of time in extremely noisy environments. Hearing loss is a permanent impairment that affects many workers in construction, manufacturing and industrial environments, as well as those working near or with heavy machinery and equipment. Once you have damaged the hair cells in your inner ear (known as the cochlea) they can't be fixed. Never ignore hearing loss – once you have lost your hearing there is no cure. Hearing aids can help you to hear better, but they are not for everyone.
Talk with an experienced workers comp lawyer to learn more.
As such, we recommend you speak to one of our experienced compensation lawyers which will ensure your claim to be lodged correctly and with no legal fees, under our No Win, No Fee, No Catch® promise.
However, in order to lodge a claim for industrial deafness with WorkCover Queensland you need to be diagnosed with industrial deafness, have a work capacity certificate from your doctor confirming this and have worked in a job for five years or more, where the noise was a factor in your hearing loss.
If your claim for industrial deafness is accepted, WorkCover Queensland will work our your entitlements by sending you to an audiologist. They will often rely on the results of an audiology assessment to determine the extent of work-related long-term hearing loss you have experienced. The level of permanent hearing loss you suffer is referred to as the degree of permanent impairment (DPI). Once your DPI has been determined, WorkCover Queensland will provide you with a Notice of Assessment and an offer of a lump sum for your permanent impairment.
The amount received for hearing loss claims are dependent on the severity of the hearing loss or hearing impairment.
If your hearing loss has been assessed by a medical specialist as having a DPI of 20% or more, you can both accept the lump sum compensation and pursue a Common Law claim for damages.
However, if your hearing loss has been assessed by a medical specialist as having a DPI of less than 20%, you can either accept the lump sum compensation offer or pursue a Common Law claim for damages. You cannot do both and once you make that decision, you are unable to change it.
In making your decision, it is important to take into consideration the extent of the hearing loss you suffer, the degree of permanent impairment you have, if you require ongoing hearing services and how much your hearing impairment affects your life.
For these purposes, it is important to note that generally speaking, WorkCover Queensland does not pay for hearing aids separately. As such, you will need to fund any hearing aids with either your lump sum payment or through a Common Law claim for damages.
All subsequent costs for hearing aids or hearing services will also need to be covered by either the lump sum payment or a Common Law claim for damages.
You should consider making a Common Law claim for damages if you believe your hearing loss is a direct result of your employer being negligent. If you don’t agree with the assessment or your offer provided by WorkCover Queensland, you can also:
• Ask for an independent assessment to be carried out by WorkCover Queensland. However, if WorkCover Queensland don’t agree to an independent reassessment, you’ll be referred to the Medical Assessment Tribunal (MAT); or
• You can ask to be assessed by the MAT instead of being reassessed by WorkCover Queensland.
The MAT's decision is final and you can't take any further action from this point.
- The extent of injuries caused by industrial accidents, for example, minor injuries, serious injuries, or even permanent impairment.
- The impact on your life
- Lost earnings, in which case, weekly payments will have to be included in the compensation.
- Any adjustments you may need to make to your home due to your injuries.
- Any additional costs, like travel expenses, medical expenses.
- Any pre-existing diseases.
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