Insights

The latest industry insights into compensation law.

Industrial Deafness Claims – Your Rights Explained

If you have been exposed to a noisy workplace environment as a worker for wages in Queensland and if you have suffered hearing loss, you are entitled to receive lump sum compensation from WorkCover Queensland. Know your rights.

In order to be able to make a successful claim, you need to be able to prove or demonstrate the follows: –

  • You have suffered hearing loss more than 5%. This needs to be assessed by an audiologist which we can arrange for you at either no cost or a modest cost;
  • You are employed, temporarily unemployed or within 1 year of your formal retirement from work; and
  • You have worked in noisy workplaces as a worker for wages for some, most or all of your working life.

Unfortunately, WorkCover does not pay for hearing aids. Funding for hearing aids will need to be paid from your lump sum award. In our experience and from our preferred audiology provider, hearing aids can usually be purchased for between $5,000.00 to $10,000.00. In our experience, most of the viable industrial deafness claims that we conduct for our clients results in lump sum compensation between $10,000.00 to $50,000.00.

The vbr claims’ process: –

  • We take your full history and instructions regarding your past work history and noisy workplace environments;
  • We arrange the audiology assessment and advise you of the results and if the claim appears to be viable or not;
  • If viable, we will provide you with a written advice and a proposal on a “No Win – No Fee” basis. In addition to acting on a “No Win – No Fee” basis, our clients are also provided with a 25% fee cap on our professional costs which ensures that our clients always receive the bulk of their lump sum award. For example, if the lump sum award is $20,000.00, your professional costs will never exceed $5,000.00 and if the work we have done is say $3,000.00 then you will pay the lesser of the two amounts;
  • We then prepare a comprehensive statutory declaration on your behalf, the WorkCover claim form and obtain employment records and taxation documents for submission to WorkCover and lodge the claim;
  • If or when accepted, WorkCover will then ask you to be assessed by an audiologist from their panel of audiologists;
  • Notice of Assessment is issued containing an offer of lump sum compensation;
  • We then advise you regarding the reasonableness of the offer or if it should be reviewed or appealed;
  • If accepted, you will usually be paid your lump sum within 7 to 14 days;
  • The claims process from start to finish usually takes 2 to 4 months.

You are also entitled to make more than one WorkCover claim in your lifetime.

After your first claim has been processed and if you suffer additional hearing loss from work related exposure, you are entitled to submit a further claim or claims after the expiration of 3 years from the acceptance of your first or subsequent claims.

At vbr Lawyers, all of our clients are represented by a senior lawyer from start to finish unlike almost all of our competitors.

For further information, please contact us on 1800 316 716.

Obligation free advice

Claiming compensation can be intimidating, but it doesn’t need to be. vbr Lawyers is the multi award winning firm that gets you real results. Lower costs, higher claims and unrelenting advocacy.

State updated!
Your state has been updated to QLD. Practice areas on compensation law have been updated.