Call
By Liana Stojcevska
What is Industrial Deafness and How Does it Occur?
Industrial deafness refers to hearing loss caused by ongoing exposure to loud noise in the workplace.
Common industries where workers may be exposed to excessive noise include construction, manufacturing, mining, transport, factory work and other high decibel environments. The repeated exposure to industrial noise in these workplaces can permanent damage hearing resulting in industrial deafness.
Importantly, industrial deafness often develops gradually over time, meaning many workers don’t realise the extent of their hearing loss until many years later.
Entitlements
Workers suffering from industrial deafness have access to entitlements under workers compensation law in NSW.
The most common entitlement is hearing aids and related expenses. NSW workers who have an accepted claim for industrial deafness can claim hearing aids on an ongoing basis. Importantly, the entitlement to hearing aids is generally lifelong, in which you can typically claim replacement devices every five years.
In addition to the hearing aid entitlement, workers may also have a separate entitlement to a one-off lump sum compensation payment dependent on the extent of their work-related hearing loss.
Who are industrial deafness claims made against?
In New South Wales, claims are made against the insurer of the worker’s last noisy employer — being the last employer where the worker was exposed to noise capable of causing hearing loss.
Importantly, the claim is lodged against the employer’s workers compensation insurance policy, not personally against the employer themselves. Once the claim is lodged with the insurer an independent case manager will review and assess the claim.
Key Takeaways
It’s important to note that industrial deafness is a recognised and compensable condition under NSW workers compensation law even if you have not worked in a noisy environment for an extended period time.
Hearing loss can be work-related even if it develops gradually over many years, there doesn’t need to be a single work-related incident to make a claim for industrial deafness.
If you or someone you know has hearing loss and has worked in a noisy environment, they may be experiencing industrial deafness. It is always important to see advice from a lawyer who can assist you with understanding your potential entitlements as well as the claims process.
