Noise-induced hearing loss (NIHL), commonly referred to as industrial deafness, is a serious occupational hazard affecting countless workers in New South Wales. Prolonged exposure to loud machinery and equipment can gradually damage your hearing, leading to significant challenges in both your personal and professional life.

Signs and symptoms of industrial deafness

Recognising the early signs of industrial deafness is crucial for seeking timely medical attention and legal advice. Common symptoms include:

  • difficulty hearing in noisy environments, such as restaurants or parties
  • muffled sounds or a sense of fullness in your ears
  • tinnitus, characterised by a constant ringing or buzzing sound
  • trouble understanding speech, especially over the phone or in background noise.

If you experience any of these symptoms and work in a noisy environment, it’s essential to consult with a healthcare professional.

Your rights to compensation for industrial deafness in NSW

Fortunately, workers in New South Wales who have suffered industrial deafness have a legal right to seek compensation. NSW workers’ compensation laws recognise noise-induced hearing loss as a compensable injury. This means you may be eligible for benefits even if your exposure to loud noise occurred years ago, or if your previous employer no longer exists.

Potential compensation

If your claim is successful, you may be entitled to:

  • lump sum payments: for the permanent loss of hearing
  • medical expenses: including costs for hearing aids and related treatments.

The complexity of industrial deafness claims

While the right to compensation is established, the process of claiming benefits can be complex. The Workers Compensation Nominal Insurer v Howard case highlights some of these complexities. A worker who had been exposed to noise during their apprenticeship in 1962 was successfully awarded compensation for hearing loss, despite subsequent self-employment in a noisy role. This case underscores the principle that later exposure to noise does not necessarily reduce compensation for earlier-induced hearing loss.

However, the legislation governing industrial deafness has unique challenges:

  • Employer liability: The employer responsible for paying compensation may not be the one who caused the hearing loss.
  • Injury date: Hearing loss might not be evident on the date the injury is officially recorded.
  • Notice of injury: A formal notice of injury is required to initiate a claim.
  • Choice of employer: In some cases, the worker can choose which employer to claim against.

These complexities are particularly relevant when a worker is transitioning between jobs, especially if both roles involve exposure to loud noise. Failing to provide notice to the current employer before starting a new noisy job could impact the claim. Similarly, delaying a claim to secure new employment might jeopardise the job offer.

How Whitelaw McDonald Lawyers can help

Navigating the complexities of a workers’ compensation claim for industrial deafness can be overwhelming. At Whitelaw McDonald Lawyers, our experienced team is dedicated to supporting clients through this challenging process.

We understand the physical, emotional, and financial toll industrial deafness can take on individuals and their families. Our goal is to provide compassionate and expert legal guidance to help you achieve the best possible outcome.

Our services include:

  • Understanding your rights: We will clearly explain your entitlements under NSW workers’ compensation law.
  • Gathering evidence: Our team will diligently collect medical records, employment history, and other essential documents to support your claim.
  • Building a strong case: We will carefully construct a compelling case to maximise your chances of a successful claim.
  • Negotiating with insurers: Our experienced lawyers will handle all communications with insurance companies, ensuring your interests are protected.
  • Litigating your claim: If necessary, we will represent you in court to fight for your rightful compensation.

Don’t face the challenges of industrial deafness alone. Contact Whitelaw McDonald Lawyers today for a free consultation. We will assess your case, answer your questions, and provide clear guidance on the path forward. Don’t let industrial deafness impact your quality of life. Contact us today for a free consultation.

Contact us today for a free, no-obligation consultation

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NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.