If you have tried to claim hearing aids since 2019 you may have been advised you could not get funding to cover your legal costs if you were also eligible for hearing aids under the Australian Government scheme.
This funding policy has recently been revoked by WIRO and, as of 1 July 2020, funding is now available to cover your legal costs and report fees.
This means if you have worked in a noisy environment, you can now access free legal advice from WIRO Approved Legal Service Providers.
What other benefits are payable?
Compensation for hearing aids includes ongoing maintenance and batteries. You are eligible to claim replacement aids every five years.
You may also be able to claim some lump sum compensation for your hearing loss.
Are there any thresholds?
Generally you will need to have at least 6% binaural hearing loss to justify the need for hearing aids.
Lump sum compensation cannot be claimed by most people unless the binaural hearing loss is at least 20.5% (11% whole person impairment).
There is a lower threshold (6% binaural hearing loss) for gradual onset hearing loss suffered by some emergency service and rescue workers, coal miners and claims where the date of injury is before 1 January 2002. There is no minimum threshold for sudden loss of hearing for this class of workers.
Who pays for my claim?
Benefits are paid by your employer’s workers compensation insurer on risk at the date of your injury.
If your hearing loss occurred gradually over a period of time, the Workers Compensation Act deems your injury to have occurred on the date you last worked in a noisy environment, or if you are still working, the date of the claim.
It is not necessary for you to prove where your hearing loss occurred. The claim is made on the last noisy employer. Their insurer may seek a contribution from earlier employers, but you are not involved in that process and it does not affect the payment of your claim.
If your employer did not have workers compensation insurance, a claim can still be made.
What if I was/am self-employed?
If you were working as a sole trader you will not be eligible for workers compensation benefits, unless you are a “deemed worker”.
This may occur where you generally work for one company and you do not hire subcontractors.
If you are a working director of your own company, you can make a claim if you had workers compensation insurance for the relevant period.
What if I worked in different states?
You can still make a claim for the portion of your hearing loss that occurred in connection with your employment in New South Wales.
The apportioned hearing loss needs to meet the relevant thresholds for a claim.
Is there a time limit for making a claim?
Yes. Time starts to run when you become aware you have received a work related hearing loss. You must give your employer notice of injury as soon as possible and make a claim within 6 months.
In many cases, that time limit can be extended, particularly if the claim is made within 3 years. If you think you may have a work related hearing loss, you should seek legal advice as soon as possible.
Getting legal advice?
There are NO COSTS to you in making a claim.
Our Personal Injury Accredited Specialist is a WIRO Approved Legal Service Provider and is able to obtain ILARS funding to cover your legal costs and medical report fees.
Where WIRO funding is not available (eg. for emergency services workers and coal miners), if we think your claim has reasonable prospects of success, we will generally pay for the medical reports and recover the costs from the insurer at the completion of your matter.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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