The Right of the Worker Claiming for Industrial Deafness

One of the major drawbacks of working in canneries, packing plants or construction sites is exposure to excessive noise that could result in what is termed as industrial deafness. Basically, this means losing the full capacity to hear due to working for a prolonged duration of time in an extremely noisy environment, reaching to decibels that are destructive to the sensitive parts of the inner ear.

Just as a worker has the right to claim for workmen’s compensation for any damage to physical health that is medically proven to be caused by on-the-job conditions, a worker has the right to claim for compensation. However, the process of claiming is not as easy as it sounds and is best done with the help of claims consultants. This is because claiming for industrial deafness has a few significant requirements.

First and foremost, the claimant must submit a work capacity certificate stating specifically the diagnoses. This means undergoing an ear examination with a duly designated EENT specialist or company doctor who can provide this vital certificate.

Second, in most cases within Australia, the claimant must file the claim while he/she

(a)    is still a worker
(b)     the claimant is not employed at the time of the claim but should be a worker under normal conditions; Or,
(c)     the claimant has just formally retired.

Third, the claimant has been employed for a minimum of five years in a workplace where the noise levels contributed significantly to the industrial deafness.

More importantly, the process of claiming would mean submitting to a hearing assessment with certified audiologists as arranged by law firms to quantify the magnitude of hearing loss as can be traced to the workplace. The claims consultants firm can then file a notice of assessment, usually outlining the extent of hearing loss on top of a lump sum compensation amount.

Expected compensation benefits from claiming for industrial deafness do not include salary compensations per week, payments for previously spent medical expenses and the first 5% of hearing loss because this is attributed to the natural decline of the hearing ability.

Contact us now! Let us help you with the process of claiming for industrial deafness.