Quick Summary
Industrial deafness, also known as boilermakers’ deafness, is noise-induced hearing loss caused by prolonged exposure to loud workplace noise. In NSW, coal miners who develop industrial deafness can claim workers compensation against their last noisy employer under section 17 of the Workers Compensation Act 1987 (NSW). Coal miners benefit from a lower lump sum compensation threshold (6% binaural hearing loss) compared to most other workers (20.5%). Hearing aids are claimable with no hearing loss threshold. Getting a hearing test and lodging a claim before moving to another noisy industry is critical to preserving coal miner entitlements.
What Is Industrial Deafness?
Industrial deafness (boilermakers’ deafness) is hearing loss caused by prolonged exposure to loud noise. It is common in both coal mining and non-coal mining workplaces.
Due to the high level of noise exposure in coal mines, this is the first in a series of articles exploring how to protect your rights and hearing.
Coal mining environments regularly expose workers to noise levels that exceed the safe exposure standard.
According to Safe Work Australia, workers must not be exposed to noise above 85 decibels (dB) as an average over eight hours at work, a threshold regularly exceeded in underground and open-cut mining operations.
A practical test: if you need to raise your voice to talk to someone one metre away, the noise level is likely hazardous.
Unlike many workplace injuries that happen in a single incident, industrial deafness develops gradually, often over years or decades, which makes understanding your legal rights and the timing of your claim especially important.
Who Pays Compensation for Workplace Hearing Loss?
One of the most important legal questions in any industrial deafness claim is: which employer is responsible?
Under section 17(1)(c) of the Workers Compensation Act 1987 (NSW), liability for an industrial deafness claim falls on the last noisy employer.
That is, the last employer where the work was of a nature capable of causing the hearing loss. This rule applies even if you only worked there for a short period.
The same section also expressly provides that the condition known as “boilermakers’ deafness” and any deafness of similar origin is deemed to be a loss of hearing caused by a gradual process, confirming that progressive hearing loss from noise exposure is fully covered.
If you have worked across multiple mine sites or employers over the years, this legal rule clarifies who must respond to your claim.
Prior noisy employers may be required to make a contribution to that insurer, but your claim is lodged against the last noisy employer.
READ MORE: Industrial deafness: your rights to compensation for hearing loss at work
How Much Workplace Noise Causes Industrial Deafness?
Safe Work Australia defines the national noise exposure standard as 85 dB averaged over an eight-hour shift, with a peak limit of 140 dB for sudden noise events. Exposure above these levels without adequate hearing protection can cause permanent, irreversible hearing damage.
Most coal mines and coal handling facilities are recognised high-noise environments. If there is any doubt about whether a particular workplace met the threshold, acoustic testing equipment can be brought in to measure noise levels retrospectively.
A useful self-check: if you had to raise your voice to speak to someone standing right next to you, the noise level was likely hazardous.
How Much Hearing Loss Do Coal Miners Need to Claim Compensation?
This is where coal miners have a significant advantage over workers in most other industries.
For most NSW workers, a binaural hearing loss of at least 20.5% (11% whole person impairment) is required to claim lump sum compensation under section 66 of the Workers Compensation Act 1987 (NSW).
Coal miners are an exception. As confirmed by the NSW Workers Compensation scheme, the threshold for coal miners is only 6% binaural hearing loss, the same lower threshold that applies to police officers, paramedics, and firefighters.
| Worker Type | Lump Sum Threshold |
| Most NSW workers (injury after 1 Jan 2002) | 20.5% binaural hearing loss |
| Coal miners, police, paramedics, firefighters | 6% binaural hearing loss |
Compensation is calculated based on the percentage of hearing loss assessed, and if the lump sum amount is sufficient, a further claim for pain and suffering may also be available.
Hearing aids have no threshold. Regardless of the degree of hearing loss, workers with an accepted industrial deafness claim are entitled to a lifetime supply of hearing aids with replacement devices every five years under section 60 of the Workers Compensation Act 1987 (NSW). There is no minimum hearing loss percentage required to claim hearing aids.
What Is the Date of Injury for Industrial Deafness Claims?
Because industrial deafness develops gradually, the date of injury is determined differently from an acute workplace accident.
Under section 17 of the Workers Compensation Act 1987 (NSW), the deemed date of injury for a gradual hearing loss claim is:
- If the worker is still working in a noisy environment: the date on which the worker gave notice of the hearing loss to their employer
- If the worker has left noisy employment: the date on which the worker last worked in a noisy environment
This distinction matters because it determines which employer is the “last noisy employer” for the purposes of liability, and which compensation scheme applies to the claim.
Should You Make a Hearing Loss Claim Before Leaving Coal Mining?
Timing is critical. If you suspect hearing damage while still working in coal mining, it is important to get a hearing test and consider making a claim before moving to another noisy industry.
If you start working in another loud environment such as manufacturing or construction after leaving the coal sector, your new employer may become your last noisy employer. This could mean losing access to the more favourable coal miner compensation scheme, including the lower 6% binaural hearing loss threshold.
In some cases, this difference in timing could determine whether a valid claim exists at all, and the amount of compensation available.
What Compensation Can Coal Miners Claim for Industrial Deafness?
Once a claim for industrial deafness is accepted, entitlements may include:
| Benefit | Detail |
| Hearing aids | Lifetime supply, replacement every 5 years — no hearing loss threshold required |
| Lump sum compensation | Based on assessed % of binaural hearing loss (threshold: 6% for coal miners) |
| Pain and suffering | Available if the lump sum compensation reaches a statutory threshold amount |
| Ongoing workers compensation | Weekly payments and medical expenses where applicable |
The process differs depending on whether you are classified as a coal miner or a non-coal miner, so seeking early legal advice is important to ensure your claim is correctly categorised and lodged.
Employer Responsibilities for Noise Exposure in Coal Mines
While legal compensation is available, the best defence against industrial deafness is prevention.
Safe Work Australia’s noise guidance confirms that employers have a duty to eliminate or minimise noise risks, starting with engineering controls, then administrative measures, before relying on personal hearing protection as a last resort.
Workers have a legal right to safe noise conditions and to audiometric testing if they are regularly required to wear hearing protection.
If you believe your employer has not met their noise management obligations, that failure may also be relevant to any common law damages claim for negligence in addition to a workers compensation claim.
READ MORE: Coal Mining Injury Claims in NSW: Compensation, Time Limits and Your Legal Rights
Don’t Lose Access to Your Coal Mining Hearing Loss Entitlements
Many coal miners dismiss hearing loss as simply part of the job.
The reality is that even relatively minor hearing loss may qualify for compensation under the coal mining scheme, with a significantly lower threshold than applies to most other NSW workers.
Importantly, changing industries or delaying a claim can affect which compensation scheme applies and potentially impact your entitlements.
The team at Whitelaw McDonald Lawyers regularly assists coal miners with industrial deafness claims, hearing aid entitlements, lump sum compensation, and workers compensation benefits. We offer a no win, no fee lawyers services.
If you’re not sure if you have a claim, try out our free workers compensation claim check to find out in minutes, or call us today for a no-obligation consultation:
- Newcastle (02) 4941 8999
- Central Coast (02) 4343 7000
- Sydney (02) 9238 2120
- Coffs Harbour (02) 6659 2077
Frequently Asked Questions
What is industrial deafness?
Industrial deafness is permanent, noise-induced hearing loss caused by prolonged exposure to loud workplace noise. Under section 17(2) of the Workers Compensation Act 1987 (NSW), boilermakers’ deafness and conditions of similar origin are expressly deemed to be losses of hearing caused by a gradual process and are covered by the workers compensation scheme.
Who is my claim made against?
Under section 17(1)(c) of the Act, your claim is made against your last noisy employer — the last employer where work was of a nature capable of causing the hearing loss — regardless of how long you worked there.
What hearing loss threshold applies to coal miners?
Coal miners have a lower threshold than most other workers. A binaural hearing loss of 6% is sufficient to claim lump sum compensation under section 66, compared to 20.5% for most other NSW workers.
Can I claim hearing aids even if my hearing loss is minor?
Yes. There is no minimum hearing loss percentage to claim hearing aids. Under section 60 of the Act, hearing aids are claimable as a reasonably necessary medical expense, and workers are entitled to a lifetime supply with replacement devices every five years.
What if I left coal mining and now work in another noisy industry?
Your current noisy employer may become your last noisy employer for the purposes of the Act, which could mean losing access to the coal miner compensation scheme and its lower 6% threshold. Getting a hearing test and seeking advice before changing industries is strongly recommended.
How is the date of injury determined for a gradual hearing loss?
Under section 17 of the Act, the date of injury is either the date you notified your employer (if still in noisy work) or the date you last worked in a noisy environment (if you have left). This date determines your last noisy employer and which scheme applies.
Do I need a lawyer for an industrial deafness claim?
While not legally required, insurers frequently dispute industrial deafness claims. Legal advice helps ensure your claim is correctly categorised, lodged against the right employer, and supported by appropriate medical evidence.
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.
