Can You Claim Workers Comp for Hearing Loss?

Construction sites, factories and busy workshops are full of loud, relentless noise. While many workers take precautions, the risk of noise-induced hearing loss (NIHL) is a serious reality for those in noisy trades. This type of hearing loss often builds up gradually, and permanent hearing loss can't be cured (Safe Work Australia), making it essential to understand the dangers and how workers compensation insurance can provide a safety net for those affected. In this blog, we'll explore NIHL, why it's so dangerous for those in the trades, and how workers compensation insurance can offer support if your hearing is damaged on the job.

How is industrial hearing loss covered by workers comp?

Workers compensation can provide a safety net if work damages your hearing. Understanding eligibility, compensation types and the differences between states is key to making an industrial deafness claim.

Eligibility: the noise levels (decibels) that count as hazardous in Australia, and the length of exposure

• Noise levels: The workplace exposure standard is an average of 85 decibels over eight hours, and workers must not be exposed to a noise level above 140 decibels, because any exposure above that level could instantly damage hearing (Safe Work Australia).
• Exposure time: The risk of hearing loss depends on both the intensity of the noise and the length of exposure. The longer you're exposed to loud noise, the higher the risk of permanent hearing damage.

Type of compensation: wages, medical costs and lump sums, depending on the scheme

Depending on your state's scheme, workers compensation may cover some of your wages while you can't work, medical, hospital and rehabilitation costs, and a lump sum for permanent impairment (Safe Work Australia).

Variations by state

Each state and territory runs its own workers compensation scheme under its own laws (Safe Work Australia), so the rules for industrial deafness claims differ between states, including how hearing loss is assessed, the level of hearing loss needed before a lump sum is paid, and the time limits for claiming. Check the rules with the workers compensation authority in your state or territory:

• Queensland: WorkCover Queensland
• New South Wales: the State Insurance Regulatory Authority (SIRA) and icare
• Victoria: WorkSafe Victoria
• South Australia: ReturnToWorkSA
• Western Australia: WorkCover WA
• Tasmania: WorkSafe Tasmania
• Northern Territory: NT WorkSafe
• Australian Capital Territory: WorkSafe ACT

A lawyer, or the workers compensation authority in your state, can help you understand the process.

Proving your hearing loss is work-related

When making a workers compensation claim for industrial hearing loss, you will usually need to show the connection between your condition and your job. This is where thorough documentation and expert assessments become crucial. Baseline hearing tests carried out when you first start in a noisy environment offer a valuable reference point. If later tests show deterioration, this strengthens your case by showing a decline in hearing over the course of your employment. If a worker needs to frequently wear hearing protection to protect them from noise above the exposure standard, the employer must provide audiometric (hearing) testing (Safe Work Australia).

Baseline testing, record-keeping and the role of audiologists

Good records help support a hearing loss claim. Keep track of the types of noisy environments you work in, the duration of exposure, and any hearing protection used. Audiologists play a pivotal role. They conduct specialised hearing tests, assess the extent of your hearing loss, and offer expert opinions on the likely cause. Their reports are vital pieces of evidence to support your workers compensation claim and establish the work-related nature of your condition. Read about what is changing in workers compensation in Australia.

What hearing loss compensation may not cover

When it comes to workplace hearing loss compensation in Australia, certain things may not be covered. Let's explore these exclusions:

• Pre-existing hearing issues: If you started your job with some hearing impairment, your workers compensation claim might face challenges. It's essential to distinguish between pre-existing conditions and work-induced hearing loss. Whether a claim can include a worsened existing condition depends on your state's rules; check with your state's authority.
• Hearing loss outside work: Workers compensation is for injury or illness caused by your work. If your hearing loss stems from hobbies, ageing or other factors unrelated to your job, it's unlikely to be covered. Workers compensation addresses the impact of noise exposure at work.
• Neglecting proper safety: Employers must provide hearing protection where it is needed, but it's your responsibility to use it correctly and follow safety procedures. Workers compensation is generally paid regardless of who was at fault (WorkCover WA), but ignoring safety measures puts your hearing at risk and can complicate a claim. Both employers and workers play a role in preventing harm.
• Other factors:
  • Ototoxic chemicals and drugs: Some chemicals, known as ototoxic substances, can also cause hearing loss, and hearing loss is more likely when a worker is exposed to both noise and these substances (Safe Work Australia). In these mixed-cause cases, working out how much of the damage is due to noise can be complex, and compensation may not cover the full extent of the damage.
  • Age-related hearing loss: Telling apart natural age-related hearing decline and the effect of years in a noisy job is important. Workers compensation generally covers the work-related part of hearing loss.
  • Prior employers: Multiple jobs with noise exposure can complicate claims. Which employer's insurer is responsible depends on your state's rules, and working out each employer's contribution may require expert assessments.

Protecting your trade and hearing: prevention matters

Investing in hearing protection and pushing for safe work environments is crucial for tradies. Workplace policies like noise reduction programs, required hearing protection and regular audiometric testing make a difference. Tradies can also limit noisy activities outside of work, use noise-cancelling headphones when possible, and take breaks in quiet areas. While these measures might have upfront costs, they are a worthwhile investment compared to the long-term costs of hearing loss, both financially and in terms of quality of life.

Noise-induced hearing loss is a serious threat to your ability to work and your overall wellbeing. Don't let it catch you off guard. Understanding the risks, your rights under workers compensation insurance, and the importance of documenting your exposure is essential. If you suspect your hearing has been affected by your work, don't hesitate to get a hearing test and explore your options for compensation.

Contact us to talk about cover for your business.