Under the Workers Rehabilitation and Compensation Act 1986 ("the Act"), if a worker has suffered noise-induced hearing Loss as a result of employment, he or she is potentially entitled to be compensated by way of a lump sum for binaural hearing loss.
A threshold is applicable. Lump sum compensation will only be paid if the worker's binaural hearing loss is at least 5 per cent.
Importantly, under the Act, for a person who has resigned or retired and suffers from noise-induced hearing loss and who brings a claim within two years of the date of resignation or retirement, it is presumed that the noise-induced hearing loss is caused by employment.
That presumption is lost if a claim is brought outside of the two-year limit. In other words, there is no presumption that noise-induced hearing loss is caused by employment if a claim is commenced after two years from the date of resignation or retirement. In those circumstances, it becomes necessary to prove the casual connection between employment and the noise-induced hearing loss.
The entitlement is particularly relevant to police officers, many of whom suffer noise-induced hearing loss owing to employment, either because of the use of firearms - without any or any adequate protection - or due to policing pubs and places of entertainment where loud music is often played.
In summary, many police officers have an entitlement to be compensated by way of a lump sum under the Act for noise-induced hearing loss caused by employment. But many officers do not realize that, if they resign or retire their employment without bringing a claim, a presumption that the noise-induced hearing loss is work-related is lost after a period of two years from the date of resignation or retirement.
If you have suffered noise-induced hearing loss that is likely to be caused or to have been contributed to by employment, whether or not you have resigned or retired, you should seek advice, because you may have a claim and an entitlement to a lump sum of money for your disability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
