Industrial Deafness Claims by Workers in Queensland
Industrial deafness is the loss of hearing caused by working in a noisy environment over a period of time. It's different to hearing loss that is the result of a single event.
To make an industrial deafness claim, you must
- provide a workers’ compensation medical certificate that diagnoses your industrial deafness and make the claim while you're either:
- considered a worker under the Workers' Compensation and Rehabilitation Act 2003
- temporarily unemployed, but would normally be considered a worker, or
- within 12 months of formal retirement.
- have been employed for at least five years in an employment where the noise level was a significant contributing factor to your industrial deafness.
How the insurer decides your claim
When determining the claim, Workcover or the workers’ compensation self-insurer will organise for you to attend a hearing assessment with an audiologist to determine the extent of hearing loss attributable to the work environment. After this, you will receive a Notice of Assessment which will set out the extent of your hearing loss and how much you are entitled to as a Lump Sum Statutory Payment under workers’ compensation legislation for your injury.
Take caution when responding and get advice
You must be extremely cautious when responding to this document. If your hearing loss is assessed at less than 20% degree of permanent impairment in the Notice of Assessment, you cannot take the Lump Sum Offer AND pursue a law suit against your employer or employers for causing your hearing loss. This could mean that you miss out on significant damages. It's very important that you contact The Personal Injury Lawyers at this time to assess whether you have a common law claim for damages worth pursuing for your hearing loss.
If your claim is accepted
If your claim for industrial deafness is accepted, you may be entitled to lump sum compensation. You will not be entitled to weekly compensation or reimbursement of medical expenses. You cannot receive lump sum compensation for the first five per cent hearing loss due to the natural diminution of your hearing. Once your claim has been accepted, you can make a claim every three years from the date the first claim was lodged. The percentage of hearing loss assessed in the first claim will be deducted from the assessment of subsequent claims.
Get free claim assessment before doing anything
We strongly suggest before doing anything contacting us here at The Personal Injury Lawyers to assess if you have a common law claim for damages worth pursuing for your hearing loss.