Industrial Deafness Claims for Coal Miners in New South Wales – 5 Key Facts

Often referred to a ‘boilermakers’ deafness’, claims for hearing loss for coal miners in New South Wales are unique. In today’s post, we provide an overview of the process and the key elements that make up a claim.

1. HOW TO MAKE A CLAIM

In order to make a claim for industrial deafness, you need to be assessed by a Medical Panel of the Residual Jurisdiction of the District Court. This involved you attending Court to have your hearing tested. Following that assessment, the Court issues a Medical Panel Certificate which determines your level of hearing loss.

In order to receive compensation, you must be assessed as having at least 6% binaural hearing loss (binaural meaning in both of your ears). The amount of compensation you received is based upon the percentage of your loss and calculated by way of a set formula.

Dependent on the amount of compensation awarded to you, you may also have a claim for pain and suffering. You are entitled to an amount for pain and suffering if you receive $13,230.00 or greater for your loss. The maximum amount available for pain and suffering is $66,200.00 and you would be entitled to a proportion of this amount. 

2. THE DOCTORS FORM

Prior to being assessed by the Court, an Application must be lodged. The Application must be supported by a form signed off by your family doctor or a General Practitioner. A standard doctor’s form is provided to you and your doctor completes that form indicating that you may have a degree of hearing loss.

The Application to Court must be filed within 7 days of the doctor’s report being completed.

3. WHAT IS PREBYCUSIS?

Presbycusis is age-induced deafness as opposed to sensorineural, which is noise induced deafness. You will be compensated for noise induced deafness only. If you are over fifty (50) years of age, then presbycusis will be taken into account. For each year over the age of fifty (50), a 0.5% of a decibel loss is due to aging and no compensation is payable for this.

There is a misconcoption in the industry that you cannot make a claim for industrial deafness until you retire. This is incorrect and a claim can be made at any time, even if you are still working. If a worker leaves a claim until their retirement, they are often disadvantaged as their compensable loss is less due to the deduction for age related deafness.

4. HEARING AIDS

Subject to your degree of hearing loss, you may find that you require hearing aids to assist. Under Section 60 of the Workers Compensation Act 1987 (NSW), you are able to claim these aids from Coal Mines Insurance if they are reasonable and necessary.

You will be required to attend upon a WorkCover registered hearing aid provider who will recommend a suitable model/s of hearing aid and provide a quote to be submitted to Coal Mines Insurance.

In addition to the above, we note our client is making a claim for the provision of hearing aids. We are currently in the process of obtaining a quote from a WorkCover registered hearing aid provider and will forward same to you for your consideration upon our receipt thereof.

5. LEGAL COSTS & DISBURSEMENTS

You do not pay any legal fees to explore a claim for industrial deafness.

If you are successful in the claim and are awarded compensation, your legal fees are paid by Coal Mines Insurance and you are reimbursed your expenses incurred in making the claim (i.e. your expense to see the doctor and expenses to travel to Court for the Medical Panel).

If you are unsuccessful in the claim and fall below the threshold, there are no legal costs to be paid. In these circumstances, Coal Mines Insurance will still reimburse you your reasonable expenses in making the claim.

If you are a coal miner and have any questions regarding an industrial deafness claim, our team can help. Get in touch today to learn more.