An often-overlooked feature of the construction industry is the amount of noise a worker is exposed to on a day-to-day basis. After a lifetime of working around drills, hammers, drop saws, angle grinders, rattle-guns, air-compressors and construction machinery, you may wish to take complaints from your spouse about your poor listening skills more seriously. You could actually be suffering from permanent hearing loss.
If you have suffered noise exposure while working in Queensland, here are some important things to know.
What is industrial deafness?
Industrial deafness is defined in the Workers’ Compensation and Rehabilitation Act 2003 (Qld) as “loss of hearing (other than total loss of hearing in either ear) caused by excessive noise”. In the context of workers’ compensation, it is the result of exposure to excessive noise in the workplace, as opposed to, for example, congenital disorders, disease or injuries and noise exposure outside of the workplace.
What am I entitled to if I have industrial deafness?
If you have industrial deafness and make a claim with WorkCover Queensland, they will rely on an audiologist to measure your level of hearing loss and determine your Degree of Permanent Impairment (“DPI”). WorkCover will then issue a Notice of Assessment offering an amount based on your DPI percentage. Higher DPI percentages will result in more lump sum compensation being offered.
There are a variety of factors that could cause a reduction in compensation that might otherwise be payable to you. For example, any noise exposure from self-employment or work outside of Queensland will not be compensated by WorkCover Queensland. Non-work-related causes such has congenital disorders, disease and noisy hobbies can also have a discounting effect on compensation. In some cases, WorkCover may refer you for further specialist doctor examination to determine if there are any non-work-related causes.
When can I claim industrial deafness compensation?
Generally speaking, in Queensland, you cannot claim for industrial deafness at all unless you:-
- have sustained at least 5% binaural hearing loss (not be confused with your DPI); and
- are working in Queensland for a wage, OR temporarily unemployed OR within 1 year of your formal retirement from employment; and
- have been employed in Queensland, in an industry where the noise level was a significant contributing factor to your industrial deafness, for at least 5 years (this can be counted cumulatively over multiple time periods).
If you have made a claim for industrial deafness in Queensland before, you cannot claim again until at least 3 years after your last application was lodged. You can also only claim again if you have sustained a further diminution of hearing of more than 1%.
I don’t work in construction, can I still claim?
Yes, you can. While, in our experience, the construction industry has been the most common source of industrial deafness, work related hearing loss can come from any industry that exposes workers to excessive noise.
What if I have suffered another injury at work?
You can still make a separate industrial deafness claim, even, if you have suffered another injury at work and have recently finalised a WorkCover claim or have an ongoing claim for that other injury.
Should I seek legal advice?
While it is possible to make industrial deafness claims without legal assistance, consultation with an experienced firm can help you navigate the complexities and maximise your compensation.
vbr Lawyers offer obligation-free consultations to discuss your entitlements further and can also discuss entitlements that could arise from any other injury you have suffered in the workplace.
