Occupational hearing loss represents a significant workplace health issue in Australia, estimated in a 2023 study to have developed in 111,736 workers aged 20-65. Hearing loss impacts quality of life by making communication harder and limiting social interactions. In fact, according to the American Centers for Disease Control and Prevention, over time, hearing loss can lead to isolation, loss of enjoyment, safety risks, and contribute to mental health problems and cognitive decline. In New South Wales, workers’ compensation for occupational hearing loss provides essential support for those affected by workplace noise exposure.
Common Causes of Occupational Hearing Loss
Occupational hearing loss is mainly caused by exposure to loud noise, above 85 decibels, for a long period of time. Sudden loud noises, such as explosions, can cause immediate harm if they exceed 140 dB(C). Unfortunately, noise-induced hearing loss usually happens as a result of the nature and conditions of the injured workers employment, which may not be noticed until it has caused permanent damage, according to SafeWork NSW.
Common sources of dangerous noise include operating machinery like drills, chainsaws, and construction equipment, or working in industries such as mining, manufacturing, and construction. Additionally, noise can come from mechanical impacts, high-speed air or fluid flow, and vibrating machines.
Aside from mechanical trauma, SIRA explains that exposure to ototoxic substances (toxic to the ear), such as certain solvents, heavy metals, and chemicals, can cause hearing loss or tinnitus by damaging the inner ear and auditory nerve. The risk increases when workers are exposed to both high noise levels and ototoxic chemicals, common in industries like painting, printing, and construction.
Symptoms and Diagnosis
Hearing loss symptoms, according to the Mayo Clinic, can include muffled speech, difficulty understanding words in noisy environments, and trouble hearing consonants. People with hearing loss may frequently ask others to speak more clearly, increase the volume, or avoid social situations due to background noise or ringing in the ears (tinnitus).
To diagnose hearing loss, a healthcare provider may conduct a physical exam to look for issues like earwax or infection. Screening tests, such as the whisper test or app-based assessments, help detect hearing problems. To determine the severity and source of the hearing loss, an audiologist can conduct tuning fork and audiometer tests.
Impact of Occupational Hearing Loss
A 2018 study published in BMJ found that when asked about their most recent day at work, 11% of Australian workers reported exposure to noise levels that exceeded the occupational exposure limit. The number may appear small, but a study by Si et al. (2020) indicates occupational noise-induced hearing loss imposes a substantial economic burden on Australia, estimated at AUD 29.7 billion, with productivity losses accounting for 72% of this cost. Understanding workers’ rights and entitlements regarding compensation for hearing loss at work is crucial for affected workers.
Eligibility Requirements
To qualify for workers’ compensation for occupational hearing loss in NSW, you must meet specific criteria:
- For injuries that occurred on or after 1 January 2002, workers must meet a minimum hearing loss threshold of 20.5% binaural (both ears), equivalent to 11% Whole Person Impairment (WPI), according to iCare.
- For injuries occurring before 1 January 2002 and for emergency services personnel such as police and firefighters, a lower threshold of 6% binaural hearing loss applies.
- Clear evidence linking the hearing loss to workplace noise exposure.
- Documentation proving employment in noisy work environments.
Types of Compensation Available
The NSW workers’ compensation scheme offers several benefits for work-related hearing loss:
Medical Expenses
- Lifetime coverage for hearing aids.
- Hearing assessments and tests.
- Reasonable travel expenses for medical appointments.
- Ongoing maintenance and replacement of hearing devices.
Lump Sum Compensation
- Available for permanent impairment meeting threshold requirements.
- Approximately $800 per 1% of binaural hearing loss.
- Additional compensation is possible if employer negligence can be proven.
Weekly Payments
- Compensation for lost income if time off work is required.
- Determined using the average weekly earnings prior to the date of injury, also referred to Pre Injury Average Weekly Earnings (PIAWE).
- Available during recovery and treatment periods.
The Claims Process
Making a successful claim for hearing loss compensation involves several steps:
Initial Assessment
- Obtain a WorkCover Certificate of Capacity: This certificate is necessary to start the claims process and should be obtained from a qualified medical practitioner.
- Consult an Ear, Nose and Throat (ENT) specialist: An ENT specialist will assess the hearing loss and its potential causes.
Medical Documentation
- Undergo assessment by a SIRA-approved hearing specialist: This assessment is crucial to determine the extent of hearing loss and to link it to workplace noise exposure.
- Complete audiometric testing following WHO guidelines: Audiometric testing helps in accurately measuring the degree of hearing loss. Book a free hearing evaluation with one of our providers today.
- Obtain documentation linking hearing loss to workplace exposure: This documentation is essential to prove that the hearing loss is work-related.
Legal Requirements
- Lodge your claim: You may have up to 3 years from diagnosis or from when you became aware the hearing loss was work-related.
- Provide evidence of your employment in a noisy environment: This evidence can include employment records, workplace noise assessments, and witness statements.
- Submit your claim to the last noisy employer’s insurer: The claim should be submitted to the insurer of the employer where the noisy work environment was last experienced.
The Role of Workplace Environment
In workplaces with hard, non-absorbent surfaces such as concrete or tiles, reverberated sound can significantly increase noise levels, exacerbating the risk of hearing damage. SafeWork NSW highlights that these surfaces, along with poor layout and equipment placement, contribute to higher noise levels. Employers should consider noise levels when designing or renovating workspaces, employing strategies such as automated equipment to reduce human exposure.
Socioeconomic Considerations
Recent research published in Ear and Hearing highlights disparities in hearing impairment among working-age Australians, where workers in blue-collar occupations face nearly twice the risk of hearing impairment compared to white-collar workers. This underscores the importance of accessible compensation schemes.
Hearing loss can also impact career prospects and earning capacity. Workers experiencing hearing difficulties may struggle with communication, limiting job opportunities or leading to early retirement. Compensation helps mitigate these socioeconomic challenges by providing financial and medical support. Talk to one of our Compensation Lawyers Sydney today.
Preventive Measures and Employer Responsibilities
Employers must implement noise control measures to prevent hearing loss:
- Regular workplace noise assessments.
- Provision of appropriate hearing protection equipment.
- Implementation of engineering controls to reduce noise exposure.
- Ongoing hearing assessments for employees exposed to excessive noise.
- Training and education about noise hazards and protection.
SafeWork NSW emphasises that preventing noise hazards through workplace design and equipment selection is the more cost-effective than adding controls later. This includes choosing quieter machinery and using engineering and administrative controls along with proper protective equipment.
How We Can Help
At Gajic Lawyers, we understand the challenges associated with work-related hearing loss and are dedicated to helping you secure the compensation you deserve. From the moment you engage us, we take immediate action to ensure your claim is finalised as quickly as possible. We provide direct access to solicitors, transparent communication, and consistent updates on your claim’s progress, so you always know where you stand.
Conclusion
Compensation for hearing loss at work provides crucial support for affected workers in NSW, offering both immediate and long-term assistance for medical care, income support, and permanent impairment. The system acknowledges the significant impact of occupational hearing loss while providing pathways for compensation and ongoing care.
If you or someone you love has developed hearing loss at work, don’t hesitate to contact one of our Sydney Compensation Lawyers for a free, no-obligation initial consultation. Our No Win, No Fee guarantee means you face no financial risk — if you don’t receive compensation, you won’t pay any fees or recoverable costs. Focus on your recovery while we handle every aspect of your claim, positioning you for faster, better, and more substantial compensation.
