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AFTER three decades of work in the construction and maintenance industry, Peter Lyon realised he was having trouble hearing out of his right ear.
Years of constant workplace noise meant he had sustained significant hearing loss to his "bad" ear, and a 3.8% loss to his left.
"It's not just 'wife-deafness', or selective hearing, it's called industrial deafness," Peter said.
Industrial deafness is the loss of hearing caused by working in a noisy environment over a period of time, rather than the result of a single event.
And Peter, State Organiser for the Australian Manufacturing Workers' Union, isn't alone in his struggle.
Senior Associate with Maurice Blackburn Lawyers Rockhampton Meghan Rothery said the firm had a number of files for clients in the Rockhampton region suffering from industrial deafness.
Most, she said, had been employed with either Aurizon or Queensland Rail as railway workers or train drivers.
"However, we are commonly seeing workers with hearing loss problems from other industries within Central Queensland, including boilers makers and truck drivers," she said.
"Many clients we represent are older gentlemen who sustained their hearing loss early on in their career or over the course of a working life in industry.
"Hopefully as better systems are put in place and people are educated on the need for Personal Protective Equipment there will be less and less industrial deafness injuries acquired, but at the moment we would suggest there is a significant number of people out there who have worked in noisy industries who ought to be considering going through this process to make sure they get compensation within the applicable time limits for expenses they might incur in relation to their hearing loss in the future.
"You have the ability to bring more than one claim within your lifetime, but you must bring a claim within 12 months of your formal retirement, and within five years of having worked within noisy industry."
She said there were 40 claims for Queensland clients, but estimates the number of people eligible to claim would be "far in excess" of that number.
"It is just not something that is well known about," Ms Rothery said.
And Peter wants to change that.
He said the process was hassle free, and worth the trip to the GP.
And the process isn't about suing or blaming your employer, it is a fault free scheme.
"We would encourage everyone to get tested. It is your right. You are the one who has suffered the loss, and you have to put up with it for the rest of your life," Peter said.
"Hearing aids are so expensive... you will bust up all of your retirement money just on hearing aids.
"You just go to your GP and ask for a workers compensation claim for industrial deafness."
Ms Rothery added that the range of damages that can be sought from a claim was from $3,000 to $120,000.
"It certainly covers lower levels and then more significant cases," she said.
"Unfortunately there is an acceptance within some industries, and particularly with some older generation workers, that it's a part of the job.
"This is a form of injury that happens incrementally over a long period of time and nevertheless, it is an injury to your person that is happening because of your employment."
NEED TO KNOW FROM WORKSAFE: See more here.
To make an industrial deafness claim, you must:
provide a work capacity certificate that diagnoses your industrial deafness
make the claim while you're either:
considered a worker under the Workers' Compensation and Rehabilitation Act 2003
temporarily unemployed, but would normally be considered a worker, or
within 12 months of formal retirement.
have been employed for at least five years in an employment where the noise level was a significant contributing factor to your industrial deafness.
How WorkCover decides your claim:
When determining the claim, we'll organise for you to attend a hearing assessment with an audiologist to determine the extent of hearing loss attributable to the work environment. After this, we'll be able to make an offer through a notice of assessment. This outlines the percentage of hearing loss attributable to work plus the lump sum compensation amount.
If your claim is accepted:
If your claim for industrial deafness is accepted, you may be entitled to lump sum compensation. You will not be entitled to weekly compensation or reimbursement of medical expenses.
You cannot receive lump sum compensation for the first 5% hearing loss due to the natural diminution of your hearing.
Once your claim has been accepted, you can make a claim every three years from the date the first claim was lodged. The percentage of hearing loss assessed in the first claim will be deducted from the assessment of subsequent claims.
