What are my entitlements?

No two claims are the same, and the amount of compensation claimable varies according to the date of your last ‘noisy’ work and the severity of the work-related hearing loss.  A payment is calculated in accordance with a table of benefits.

To discuss your hearing loss and find out more about your entitlements, call and speak directly to one of our expert injury lawyers on (03) 9321 9988.  Your first appointment is free and we offer a ‘No Win, No Fee’ service.

You may be entitled to the following further no-fault benefits:

Weekly payments

You may be entitled to weekly payments depending on how much you are able to work whilst suffering from a work-related hearing loss.  Payments are calculated as a percentage of your pre-injury weekly earnings.

Reasonable medical and like expenses

  • Doctors and other medical attendances (including travel expenses)
  • Medications and aides (including hearing aids).

Lump sum compensation

You may be entitled to lump sum compensation if you are left with a permanent impairment because of your injury or illness.

How this benefit is calculated is dependent on your assessed level of impairment.  There are minimum levels of impairment that you must have before you are entitled to a benefit, depending on when you were last employed with a ’noisy’ employer.  This benefit does not impact on your entitlement to weekly payments, medical and like expenses, or to sue where the hearing loss is caused through the negligence of the employer.

Your right to sue

In some situations, work-related hearing loss is caused due to the fault or negligence of your employer or another party.  This can be because of an employer’s failure to provide a safe workplace.  A claim seeking compensation for a work-related hearing loss injury where negligence is involved is called a common law claim.

A common law claim is separate, and in addition to, your entitlements under the WorkCover system.  The amount you may receive is decided by the Court depending on your circumstances.

Even where your hearing loss was caused by your employer or another party, you do not automatically have the right to sue for damages.  You must first establish that you have suffered a serious injury.

Can I dispute a decision about my entitlements?

If your claim is rejected or if a notice is received, for example, refusing to pay for a medical service and you want to dispute that notice, you will need to have the matter referred to the Accident Compensation Conciliation Service (Conciliation).

The aim of Conciliation is to try and resolve disputes without the need for court proceedings.  All disputes must be referred to the Accident Compensation Conciliation Service as the first step before court proceedings can be taken.

Adviceline Injury Lawyers can assist you with every part of the process.  Just call (03) 9321 9782.

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