Are you eligible to make a claim?
To make a claim for hearing loss, a worker needs to establish that the loss arose from the worker’s “noisy employment”. That is, loss of hearing is not enough to establish a claim. A medical assessment is undertaken to determine that the hearing loss is in fact related to the employment and to determine the extent of the loss.
It is important in the making of a claim for hearing loss to determine the “date of injury”. Generally speaking, the date on which notice of the injury is given is deemed to be the date of injury. If at the time of giving notice the worker is not employed at a noisy workplace or at all, then the date of injury is deemed to be the last day that the worker was employed in a noisy workplace. A workers compensation insurer can seek a contribution from any previous noisy employers in the five-year period preceding the claim.
What is your next step?
If a worker believes that they may have suffered work-related hearing loss, they should consult their doctor and request a hearing test be undertaken. Various hearing centres can provide free hearing tests. Once the hearing test has been conducted which demonstrates hearing loss, an examination is thereafter arranged with an Ear Nose and Throat Specialist to undertake a full assessment to determine:
The level of binaural (on both sides) hearing loss.
The extent to which the hearing loss is attributable to the worker’s employment.
Any recommended treatment, for example, the provision of a hearing aid
To learn more, simply call Brydens Lawyers on 1800 848 848 or contact us online and make an appointment to speak with one of our expert workers compensation lawyers about your hearing loss injury.
Why are Brydens Lawyers the right representation for you?
Brydens Lawyers have for over 50 years been representing clients in Workers Compensation claims, specialising in noise induced hearing loss claims. Brydens Lawyers have a dedicated team of Workers Compensation lawyers that are committed to ensure that you receive the maximum entitlement to compensation in all work related hearing loss and lump sum compensation matters.
For over 50 years now, Brydens Lawyers has been operating a ‘No Win – No Fee’ policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee* page.
In addition to Workers Compensation claims, Brydens Lawyers is a full-service law firm- other legal services offered include all personal injury matters including medical negligence claims, motor accident claims and public liability claims.
When should you consult a lawyer about making a claim?
A hearing loss claim is required to be lodged as soon as possible after a worker ceases working in noisy employment. There is a time limit of 6 months which applies from when the worker was last exposed to noisy employment and when they can lodge a workers compensation claim with the employer. If you have suffered hearing loss and you believe that it may be related to your employment, then you should undertake an assessment to determine the extent of that loss and whether it can be linked to your employment. If so, contact the experts at Brydens Lawyers today for the purpose of a free* initial consultation to assess your entitlements to lump sum compensation.
*Conditions apply.
What are you able to claim?
Once hearing loss has been established as being referable to a noisy workplace, then a claim for compensation may be available. For injuries which occurred after 1 January 2002, a claim for lump sum compensation is only available if the worker is assessed as having an 11% whole person impairment or more arising from the hearing loss. To achieve this threshold, the worker must establish a binaural hearing loss of at least 20.5%.
For injuries before 1 January 2002, the hearing loss is compensable if assessed at being at least 6% or more binaural hearing loss.
An injured worker is entitled to claim permanent impairment compensation for their loss of hearing if these thresholds are met. You may also claim hearing aids or the cost of any other treatment that may be required
Do I have to pay any legal fees for a workers compensation claim?
There are no legal fees payable by an injured worker making a claim for statutory benefits in NSW. All costs are paid by the Workers Compensation Independent Review Office (WIRO). An application is made to WIRO on behalf of the injured worker upon receipt of instructions. Upon approval of the application, WIRO will provide funding which includes payment of all legal costs. If for whatever reason WIRO will not provide funding, then in all likelihood the matter will not proceed. For example, WIRO will not provide funding for any compensation claim that does not enjoy reasonable prospects of success.
