HEARING LOSS
Hearing Loss - Victoria
If you have suffered permanent hearing loss, you are entitled to make a WorkCover claim for that hearing loss. A hearing loss claim can be made even if you are working full-time and/or if you have ceased employment with the employer who caused the hearing loss. It is generally not necessary that you establish which employer caused the hearing loss, rather you must be able to show that you worked with a ‘noisy’ employer. The law then says that it is the last ‘noisy’ employer that you worked for that is responsible for the hearing loss. Each employer is fully insured for that liability.
The benefits that are payable on an accepted WorkCover claim for hearing loss include:
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Weekly payments (if the hearing loss causes an incapacity for work);
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Medical and like expenses such as hearing aids and services associated with the provision of such devices; and
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A lump sum permanent impairment payment.
In what circumstances will my hearing loss claim be accepted?
To have a claim for hearing loss accepted you must establish that you have worked for a ‘noisy’ employer. A noisy employer is one where:
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The noise exposure is measured at more than 85 decibels averaged over an eight-hour period;
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There is exposure to a peak noise level of 140 decibels.
If you have been exposed to the above conditions at work, and have suffered hearing loss as a result, your claim is likely to be accepted by the WorkCover insurer. If you are unsure if your employer is a noisy employer this is something we can determine for you.
What if I have worked for multiple noisy employers?
If you have worked in noisy employment at several Victorian employers, the claim is to be lodged against your most recent noisy employer.
If you have previously worked for an interstate noisy employer, your entitlement to compensation may differ as some of your hearing loss may be attributed to your past interstate employment.
Which hearing devices will be approved by WorkSafe?
WorkSafe publishes a list of approved hearing devise which can be accessed at the following website: https://www.worksafe.vic.gov.au/resources/worksafe-approved-hearing-device-list
If your specialist can show that the device required has functions which are not otherwise provided by a device on the WorkSafe-approved list, WorkSafe may still pay for the device.
Claims for Permanent Impairment
A claim for permanent impairment is a ‘no fault’ claim for compensation. A permanent impairment claim for hearing loss does not require proof of fault for compensation to be paid. It is also a claim which is payable in addition to your ongoing medical expenses/weekly payments. In most circumstances, a claim for permanent impairment benefits made with respect to hearing loss can be made at the same time as the initial WorkCover claim.
To lodge a claim, the Impairment Benefits Claim Form is to be completed and provided to the WorkCover Insurer with supporting medical material. Once the claim is lodged, the insurer will arrange an appointment for you to be assessed by an Independent Impairment Assessor. The Assessor will provide a determination of your whole person impairment (WPI) rating in accordance with the American Medical Assocation Guides 4th Edition.
To obtain compensation from a permanent impairment claim, you must be assessed to meet the required threshold level of binaural hearing loss - that being at least 10% loss in accordance with the National Acoustic Laboratories Hearing Loss Guidelines (NAL). The NAL is then converted into a WPI rating.
The amount of compensation you receive is dependent on your level of WPI and the date on which your injury is deemed to have occurred (which is generally the last time you were exposed to the noisy employer’s conditions). The current minimum payment for an injury suffered in Financial Year 2023 is $24,180.
Certain types of hearing difficulties are not assessable. For example, tinnitus, commonly described as ringing in the ears, is not considered hearing loss. Similarly, any hearing loss which is attributed to the ageing process is excluded from your overall impairment rating.
If you have previously lodged an impairment benefit claim for hearing loss and received compensation but have subsequently suffered a deterioration because of further noise exposure, you are entitled to lodge a further impairment benefit claim and receive compensation. In those circumstances, the amount of compensation you receive will be adjusted to account for any previous compensation you have received in respect of a hearing loss claim.
In very few circumstances, a claim for common law damages may also be made with respect to work-related hearing loss.