6.2.8.7 Hearing loss claims
Definition of industrial deafness
Industrial deafness, being any condition of deafness caused by exposure, continued exposure or periods of continued exposure to industrial noise.
Date of injury deemed to be last day of employment
The legislation provides that for hearing loss maims claims, the date of injury is deemed to be the last day of the worker’s employment out of which or in the course of which the injury arose or the date of the claim if the worker is still employed in that employment at the date of the claim.
Compensation for hearing loss is calculated depending on the date of injury.
Example 1
If on 1 June 1996 the worker had left the employment out of which or in the course of which the hearing loss arose, the amount of the lump sum is calculated as at 1 June 1996, that is, 10% of 65% of $100,300 or 0.10 x 0.65 x $100,300 = $6,519.50.
Example 2
On the other hand, if the worker was still employed when the claim was made, the lump sum will be calculated as at the date the claim was lodged.
Therefore, as the maims claim was lodged on 2 July 1996, the lump sum will be calculated at that date, that is, 10% of 65% of $102,460 or 0.10 x 0.65 x $102,460 = $6,659.90.
When hearing loss is to be excluded from assessment
Hearing loss, which occurred in circumstances that do not create any liability to pay compensation must be excluded from the assessment of deafness for the purposes of calculating compensation.
Determination of hearing loss
For maims claims made after 1 July 1994, the percentage of diminution of hearing shall be determined:
- by a person or class of persons approved and in the manner approved by the Minister and
- in line with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.
The Legal Panel firm WorkSafe approved legal representatives should refer any investigation reports or employment audiograms to the ENT specialist for consideration and supplementary report. If the medical reports are unclear, the Legal Panel firm should seek clarification of the doctor’s opinion.
When assessing hearing loss claims, there may be references to tinnitus and presbycusis in medical reports. They are treated in the following manner:
- Tinnitus: may be referred to in hearing loss assessments and is usually characterised by 'ringing in the ears'. Tinnitus is not considered additional hearing loss and is not compensable.
- Presbycusis: is an allowance for deterioration in hearing due to the ageing process only and is excluded.