Workers Compensation For Hearing Loss

Noise Induced Hearing Loss – Claiming for your loss

Do you have a hearing loss? Did you sustain this hearing loss from excessive work noise? If so, you might be entitled to compensation. If you worked, or still work, in a noisy environment with noise greater than 85dB(A), there is a legislated requirement for the workplace to provide appropriate hearing protection and bi-annual hearing tests to monitor employees’ hearing levels. And if you have developed hearing loss from excessive noise, workplace insurers make payments for this workplace injury. Read on to find out more and how to claim…

The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.

Claiming for compensation can be something people aren’t comfortable with – but if you have a genuine hearing loss and/or tinnitus that was caused by unprotected or unmonitored work noise, it is your right to claim for worker’s compensation.

The compensation could include not only a sum of money, but the provision of hearing devices and rehabilitation treatment for your noise induced hearing loss and tinnitus.

Each year, thousands of Australians claim for noise induced hearing loss (NIHL) caused by exposure to excessive noise in the workplace.

NIHL is classed as an ‘occupational disease’ with the most recent figure of $41 million claimed for this condition.

In Australia one in six people have hearing loss and 37% of this group have hearing loss caused by occupational noise. So if you have hearing loss, worked in a noisy industry, then chances are you have a NIHL.

How does noise affect the hearing system?

The cochlea is a very important part of the auditory system. This is where the thousands of hearing nerve cells are housed.

Their job is to capture sound as it enters the cochlea, categorise it into different pitches (frequencies) and then send this information to the brain, via the auditory nerve, to be interpreted and understood. If the hearing cells are damaged, sound doesn’t get transferred effectively.

The hearing cells (called cilia) are arranged like the keys on a piano, but in reverse. Where sounds enter the cochlea, the high frequency cilia are situated. This means high frequency cilia are bombarded by any loud noise entering the cochlea. People with noise induced hearing loss have their high frequency hearing affected first.

The hearing cells don’t die off immediately – it takes time (unless the ear has been exposed to acoustic trauma). The cilia effectively ‘lie down’ once they’ve been exposed to excessive noise. After a rest – usually 12 to16 hours – the hearing cells recover and stand up again to receive sound properly.

This is why your hearing can feel ‘dull’ after a day at work. Your ears may also ring (tinnitus) for a few hours after exposure to loud noise. If you have continued exposure to hazardous noise levels the hearing cells will eventually not stand up again and die off (the tinnitus may also remain).

Acoustic trauma

Unfortunately, acoustic trauma can also occur. This is when a single hazardous noise event (peak noise level of 140dB(C)) has a catastrophic effect on hearing.

A blast, like an explosion or a blow to the head can not only cause the cilia to die, but it can also tear the delicate membranes in the cochlea which hold hearing cells, or fracture the cochlea causing the fluid in the inner ear to leak out. If this happens, the worst case scenario would be permanent and total loss of hearing.

Symptoms of ​Noise Induced Hearing Loss

If you have sustained gradual hearing loss from extended exposure to hazardous noise you could experience the following hearing problems and physical symptoms:

• Tinnitus
• Difficulty hearing in background noise
• Voices aren’t loud or clear enough
• You miss high pitch sounds such as a forklift reversing or the phone ringing
• You have trouble understanding what’s going on in meetings or on the phone
• You need things repeated
• You feel irritable when there’s noise
• Lack of concentration
• Headaches
• Increase in blood pressure

Claiming for Noise Induced Hearing Loss Compensation

If you’re experiencing hearing and communication problems and feel this may have been caused by the noise in your workplace, you will need to lodge a compensation claim.

Every state has different rules about claiming compensation for NIHL. Requirements generally include a hearing test to be carried out by a qualified Audiologist or Audiometrist and a medical examination by an Ear, Nose & Throat (ENT) specialist.

When and how you can claim differs state by state. Below is an overview of the process in each state.

ACT

WorkSafe ACT is the governing body for safe work practices in the nation’s capital. Workers compensation claims are handled through Access Canberra. Hearing loss is deemed a permanent injury in Schedule 1 of the Workers Compensation Act 1951 and is sometimes referred to as ‘boiler maker’s deafness’.

A lump sum payment can be claimed if the hearing loss is calculated to be at least 6%. A medical assessment must be carried out by an ENT, including an audiogram conducted by an Audiologist – both must be approved assessors. WorkSafe ACT works closely with NSW authorities and has a similar process for claiming compensation for hearing loss.

NSW

Workers compensation claims are handled by the NSW Government’s regulatory body State Insurance Regulatory Authority (SIRA). As with ACT, hearing loss must be at least 6% to make a claim for compensation. If you have tinnitus, up to 5% may be added to a binaural (both ears) hearing loss. Hearing loss and tinnitus must be assessed by an approved ENT specialist. In NSW you can claim for the following:

• Lump sum: (depending on date of injury)
• Hearing loss injury prior to 1/1/2002 with at least 6% binaural hearing loss – entitled to a lump sum payment. Compensation varies from $520 to $650 for every 1% binaural hearing loss.
• Hearing loss injury on or after 1/1/2002 will require at least 20.5% binaural hearing loss before entitlement to lump sum compensation. Exempt workers include firefighters, paramedics, policeman and coalminers, who only require 6% hearing loss in order to receive lump sum compensation. Compensation is payable from about $800 for every 1% binaural hearing loss.
• Hearing aids: in NSW you are eligible for a lifetime supply of hearing aids with a compensable hearing loss. This usually means you can be fitted with a new set of hearing aids every five years from an approved hearing aid supplier. To be eligible for the cost of hearing aids, your hearing loss must have been shown to have been caused by workplace noise. The workplace insurer will request a ‘hearing needs’ assessment with audiogram and recommendations for rehabilitation treatment, including hearing aids. A quote for the hearing aids will be required as well as a completed workers injury claim form.

Procedure for claiming hearing loss compensation in the ACT & NSW with Hearing Choices:

Your hearing loss claim will be dependent on two points: whether you are applying for a lump payment or only claiming for hearing devices.

• Attend an audiologist arranged by us and consult with one of our lawyers.
• If you qualify for lump sum compensation you will attend a medical specialist arranged by the workplace insurer. The approved ENT specialist will assess your industrial hearing loss and complete a report for us.
• Hearing Choices will prepare and submit a claim for you.
• If a lump sum claim is made and once you have seen their doctor, the insurer makes an offer you find acceptable or you attend an independent medical specialist arranged by the Workers Compensation Commission for a final assessment of your hearing loss.
• If your claim is only for hearing aids, the insurer generally approves the claim without further assessment.
• You receive your hearing aids and compensation (if applicable).

Queensland

Queensland industrial deafness claims

In Queensland, work-related hearing loss may be recognised as industrial deafness under the Workers’ Compensation and Rehabilitation Act 2003. Section 32 of the Act defines injury to include “loss of hearing resulting in industrial deafness” where employment is a significant contributing factor to causing the hearing loss.

Industrial deafness is different from sudden hearing loss caused by a single loud noise or physical injury. It usually refers to long-term noise-induced hearing loss caused by working in noisy environments over time.

Queensland workers may be able to make an industrial deafness claim in Queensland through WorkCover Queensland or, if their employer is self-insured, through the employer’s workers compensation insurer.

Who can make an industrial deafness claim in Queensland?

To claim compensation for industrial deafness in Queensland, the worker generally needs to meet specific eligibility requirements under the Act. A claim must be made while the person is a worker, while they would ordinarily be a worker but are temporarily unemployed, or within 12 months after formal retirement from employment.

The worker must also have been employed in an industry in Queensland for at least five years in total, and the noise level at the relevant work location or locations must have been a significant contributing factor to the industrial deafness.

How to claim workers compensation for industrial deafness in Queensland

To start a Queensland workers compensation claim for industrial deafness, the worker needs to provide a work capacity certificate from a doctor confirming a diagnosis of industrial deafness. The claim can then be lodged with WorkCover Queensland or the relevant self-insurer.

If the claim is accepted, the insurer will arrange for the worker to attend a hearing assessment with an audiologist. The audiologist assesses the degree of permanent impairment, also known as DPI, caused by the work-related hearing loss.

Compensation for industrial deafness in Queensland is generally paid as a lump sum. The amount depends on the level of work-related hearing loss assessed. The first 5% of hearing loss is excluded from lump sum compensation, as Queensland’s scheme treats this portion as natural hearing decline.

What happens after the hearing assessment?

After the audiology assessment, the insurer will issue a notice of assessment and make a lump sum compensation offer if the worker is entitled to compensation. The offer takes into account the assessed degree of permanent impairment and any exclusions, such as hearing loss not caused by Queensland employment, the first 5% of hearing loss, and any hearing loss already assessed in a previous claim.

If the worker agrees with the assessment and offer, they can accept the lump sum. If they do not agree, they may be able to ask for an independent assessment or referral to the Medical Assessment Tribunal.

Workers should also consider whether accepting a lump sum affects any potential common law damages claim. WorkSafe Queensland states that if the DPI is between 5% and 19%, the worker must choose between accepting the lump sum offer or pursuing damages. If the DPI is 20% or more, the worker may be able to accept the lump sum and still claim damages.

Can you make another industrial deafness claim later?

Yes. A worker can lodge a further application for industrial deafness compensation more than three years after the previous application was lodged. To receive further lump sum compensation, the worker must have sustained a further diminution of hearing of more than 1%.

If a worker has already received compensation for industrial deafness, the previously assessed percentage of hearing loss is deducted from the assessment of any later claim.

Are hearing aids covered by Queensland industrial deafness compensation?

The Queensland legislation and WorkSafe Queensland’s industrial deafness guidance focus on lump sum compensation for permanent impairment. They do not clearly state a separate automatic entitlement to hearing aids as part of an accepted industrial deafness claim.

For this reason, workers with noise-induced hearing loss should check directly with WorkCover Queensland, their employer’s self-insurer, an audiologist or a workers compensation lawyer before assuming that hearing aids, hearing aid repairs or ongoing hearing care will be funded under a Queensland industrial deafness claim.

If you are comparing your options, Hearing Choices can help you understand your hearing test results, compare hearing aid technology and explore suitable hearing aid solutions after a workplace hearing loss assessment.

Northern Territory & South Australia

The Northern Territory and South Australia have similar guidelines for ‘occupational hearing impairment’. Both follow their respective state government’s Return to Work Act 2014 in regards to claiming compensation for hearing loss caused by noise in the workplace. Workers in these two states are entitled to:

• Lump sum payments for hearing loss of 8.8% or greater
• Payments of $1500 for every 1% loss of hearing
• Claims can be made after retirement from the workplace
• Hearing loss can be assessed by an approved audiologist or audiometrist
• Hearing aids: in SA & NT you are eligible for a lifetime supply of hearing aids with a compensable hearing loss. This usually means you can be fitted with a new set of hearing aids every five years

Procedure for claiming hearing loss compensation in the NT & SA with Hearing Choices:

Your hearing loss claim will be dependent on two points: whether you are applying for a lump payment or only claiming for hearing devices.

• Attend an audiologist arranged by us and consult with one of our lawyers.
• An approved ENT specialist will assess your industrial hearing loss and complete a report for us.
• Hearing Choices will prepare and submit a claim for you.
• Attend an independent medical specialist organised by the workplace insurer for a final assessment of your industrial hearing loss.
• You receive your compensation and/or hearing aids.

Tasmania

WorkSafe Tasmania is the regulatory body for workers’ compensation in Tasmania. Hearing loss acquired through workplace noise is referred to as ‘industrial deafness’. Considerations for claims in Tasmania:

the industrial deafness must have occurred after 16 August 1995, and

the hearing loss is more than 5% binaural hearing impairment due to industrial deafness since 16 August 1995

• claims can be made up to six months after leaving the workplace

assessment of hearing loss can be by an approved ENT or audiologist

• lump sum payments for binaural hearing loss of at least 5% may be awarded

Procedure for claiming hearing loss compensation in Tasmania

• Have your hearing assessed by an approved provider.
• Lodge a hearing loss claim within six months of leaving your employer.
• No mention of the provision of hearing aids is made in the Tasmania Guide to Workers Compensation in regards to rehabilitation entitlements.

Victoria

In Victoria you can make a WorkSafe claim for industrial deafness through your last noisy employer. Workers in Victoria are entitled to:

• lump sum payments for binaural hearing loss of at least %10
• you can get paid between $700 to $2,100 for every 1% hearing loss
• current workers can receive lump sum payments between $20,000 – $38,000
• Victorian legislation also allows for weekly payments if your hearing loss affects your ability to perform your job. Worksafe can provide weekly payments under the following guidelines:
• First 13 weeks – entitled to 95% of pre-injury average weekly earnings
• From 14 weeks to 130 weeks – entitled to 80% of pre-injury average weekly earnings
• After 130 weeks – if no capacity for any work and is likely to continue indefinitely, entitled to 80% of your pre-injury average weekly earnings
• lifetime supply of hearing aids supplied by a Victorian WorkSafe approved provider

Procedure for claiming hearing loss compensation in Victoria with Hearing Choices:

Your hearing loss claim will be dependent on two points: whether you are applying for a lump payment or only claiming for hearing devices.

• Attend an audiologist arranged by us and consult with one of our lawyers.
• Hearing Choices receives a report from your audiologist.
• Hearing Choices will prepare and submit a claim for you.
• Attend a medical specialist (ENT) appointment arranged by WorkSafe insurer
• You are made an offer by the insurer and you accept this offer, or
• If you’re not happy with the insurer’s offer, you can elect to be assessed by an independent medical specialist arranged by the State Medical Panel for a final assessment of your hearing loss.
• You receive your hearing aids and compensation (if applicable).

Western Australia

WorkCover WA is the governing body for noise induced hearing loss management in Western Australia. They regulate the mostly automated process for hearing loss claims. The following rules apply in WA:

• minimum requirement of hearing loss for making a claim is 10%
• a baseline hearing test must be taken at the beginning of employment in a noisy industry
• therefore, a deterioration of at least 10% from the baseline test must be seen before compensation can be claimed
• workers can receive lump sum payments of approximately $16,347.80 for a 10% hearing loss and approximately $32,695.60 for a 20% hearing loss

Procedure for claiming hearing loss compensation in WA

• The hearing assessment must be carried out by Service Providers approved by WorkCover WA.
• The results are uploaded to the WorkCover WA database to see if the results indicate a compensable amount of hearing loss.
• If this criteria met, the worker must have a full audiological assessment and be assessed by an ENT specialist.
• If the ENT report confirms the compensable hearing loss meets the criteria, you will receive a WorkCover WA claim form.
• The completed form is then lodged with your employer by WorkCover WA
• No mention of the provision of hearing aids is on the WorkCover WA website, in regards to rehabilitation entitlements for NIHL.

Unsure of your next step?

If you’re unsure how to proceed with a hearing loss compensation claim in your state, give us a call here at Hearing Choices and we will assist you in finding the right path for your location. Getting a hearing test is usually the first step, to determine if you have a hearing loss that meets the guidelines for industrial deafness in your state.

It’s also important to remember that you can’t be discriminated against in your workplace or when gaining employment if you have a hearing loss unless your hearing impairment means you can’t perform the essential requirements of job-related tasks, after reasonable adjustments have been made.

‘Reasonable adjustment’ could be anything from providing assistive listening devices in the workplace (loop systems, volume control phone, remote microphone, vibrating alarm systems), training other staff in communication tactics when working with someone who has a hearing loss and modifying the workspace to provide a quieter working environment.

Audiologists can assess and make recommendations for workplace modifications as part of your rehabilitation process.