In Australia, approximately one in seven people will develop hearing loss.[1] From this portion, studies suggest that 37% are a result of noise-induced hearing loss, including exposure at work. [2]This is common for those who work in the construction, manufacturing, and automotive industries. The effects of exposure to hazardous noise levels can range from constant ringing in the ears (also known as tinnitus) to permanent hearing loss.
Under the Victorian Workcover scheme, you are entitled to workers compensation if your employment is causative of or is a significant contributing factor to your hearing loss. Generally speaking, if you were exposed to damaging noise in the course of your employment and you have suffered hearing loss, your claim should be accepted.
What should I do if I notice hearing loss?
- Speak to your employer: Inform them of hearing loss symptoms. If you work in a noisy work environment, you should ask your employer to provide you with the appropriate hearing protection.
- Consult your GP: Your doctor can advise you about the appropriate treatment requirements and whether a referral to an Audiologist is necessary.
- Lodge a WorkCover claim: A Workcover claim should be lodged with your last employer that has contributed to your hearing loss. There is no requirement for you to be working to lodge your claim.
What are my entitlements?
Once your claim is accepted, you are entitled to the following:
- Weekly payments:
-
- For the first 13 weeks from the date of your incapacity, you are entitled to 95% of your pre-injury average weekly earnings if you cannot perform your pre-injury duties.
- From 14 weeks to 130 weeks from the date of your incapacity, you are entitled to 80% of your pre-injury average weekly earnings if you cannot perform your pre-injury duties.
- After 130 weeks from the date of your incapacity, you are entitled to 80% of your pre-injury average weekly earnings if you cannot perform any suitable employment on an indefinite basis.
-
- Medical and like services: The Workcover insurer will pay the reasonable cost of any medical and like expenses that are referable to your work-related hearing loss. These expenses can include hearing aids or devices.
- A lump sum impairment benefit: You are entitled to a modest lump sum benefit, provided that your hearing loss impairment is permanent and assessed at a whole-person impairment rating of 10% or more. Currently, the maximum amount that can be awarded for a total loss of hearing is $206,500.[3]
- Common law damages: If the consequences of your hearing loss are considered ‘serious’ and negligence can be established against your employer, you may be entitled to damages for pain and suffering and economic loss.
How much compensation do you get for hearing loss impairment benefit claim?
An individual with minor hearing loss can obtain workers compensation and benefits through WorkCover. If they have industrial deafness, they may receive an impairment benefit lump sum award of up to $117,590.00 (2022/23 maximum figure). Should it be established that you have a total loss of hearing, you would be entitled to $211,730 (2022/23 figure).
Ultimately, how much compensation you are awarded for hearing loss varies depending on the level of impairment.
How is my hearing loss impairment assessed?
Hearing loss impairment is assessed by an approved specialist who has training in assessing injuries against the NAL Hearing Loss Guidelines. The specialist will use an audiogram to inform their assessment of the hearing loss suffered. This hearing test is used to determine the severity and the probable connection with your employment.
Who pays for hearing loss compensation?
Hearing loss compensation benefits are paid by the Victorian WorkCover scheme through the insurer of the employer who has accepted your hearing loss claim. The injury employer in most cases is the last noisy workplace you worked at the time of lodging your claim.
Is there a time limit on lodging a hearing loss claim?
No, there is no time limit on lodging a hearing loss claim. However, you must lodge a WorkCover claim as soon as possible after being diagnosed with hearing loss or industrial deafness.
WorkCover claims are typically made within 30 days of you finding out about your injury and must be lodged against your last “noisy employer”, that is, the last place where you were exposed to unreasonable noise. That employer will pass your claim onto their Insurer within 10 days and the insurer then has 28 days to determine the claim in most cases. Our team of Workcover lawyers can assist you with completing your claim form.
If you are not sure whether you have sustained work-related hearing loss, please contact us on 1800 853 085. We work on a complete No Win No Fee basis and will ensure that you receive the entitlements that you deserve.
[1] Hearing Care Industry Association, Hearing for Life – The Value of Hearing Services for Vulnerable Australians (March 2020).
[2] Hearing Care Industry Association, The Social and Economic Cost of Hearing Loss in Australia(June 2017).
