Do you work in a noisy industry or environment or did you in the past? Do you suffer from hearing loss problems?
If so, you may have a workers’ compensation claim for industrial deafness. Such claims do not require you to prove negligence on the part of your employer.
Depending on the circumstances, you may be able to bring a common law claim for damages in the event that your employer was negligent and it was this negligence which caused your hearing loss.
Frequently Asked Questions
Do I have a claim for compensation?
Yes, if you have suffered hearing loss due to being exposed to a noisy work environment for an extended period of time.
Who can I bring the claim against?
The claim is brought against the insurer of the company or organisation that was at fault.
What can I claim compensation for?
Industrial deafness workcover payouts are usually in the form of lump sum compensation.
As we age, our hearing capacity naturally decreases so the first 5% hearing loss is not considered so as to take this natural hearing loss into account.
What has to be proven for my claim to be successful?
You will need to be able to produce a medical certificate stating you have been diagnosed with industrial deafness. This is known as a work capacity certificate. This came into effect in Queensland on 1 July 2016 and replaces the workers compensation medical certificate.
We can give you advice regarding how to get this certificate.
Are there any important time limits to bring a claim?
For an industrial deafness claim to be successful you need to:
(a) claim whilst you are:
- a ‘worker’ within the definition of the relevant act even if you are currently unemployed; or
- within 12 months of retirement; and
(b) have been employed for five years or more in an environment where the level of noise was a significant contributing factor to your industrial deafness.
Who pays me the compensation?
Usually it is the insurance company of the organisation or individual at fault.
How much compensation can I claim?
The amount of compensation offered by Workcover will depend upon the amount of hearing loss you have suffered. This will depend upon the facts and medical evidence. It is important to remember that if Workcover accepts your claim, you will be able to make claim once every three (3) years from the date of lodgement of the first claim.
How long does a claim for compensation take?
This is difficult to answer with certainty as it depends on many factors.
We can guarantee however that we move as quickly as possible and that we assisted in this endeavour by the state of the art specialised personal injury litigation platform we use. This is the same platform used by the Number 1 personal injury law firm in the USA customised for Australian conditions.
As you can appreciate, we do not drag our feet. It is in your interests to have your claim finalised as soon as possible and we don’t get paid until you do – enough said.