If you suffer from noise-induced hearing loss, it can have a significant effect on your working and personal life.
Whilst, in many cases, work-related hearing loss occurs over an extended period due to exposure to noise in the workplace, it can also result from exposure to sudden loud noise.
In many cases, hearing loss is not identified until many years after the exposure.
As a worker who suffers hearing loss, you are entitled to make a claim through the WorkCover scheme. You must, of course, be able to prove that your hearing loss was caused or contributed to by your employment i.e. not by unrelated factors such as ear infections or other illness. Medical examination will usually be able to identify the types of loss caused by exposure to industrial noise.
Due to the very nature of most hearing loss cases occurring over extended periods, the law provides a way of allocating liability to one employer by deeming a date of injury. The deemed date of injury is either:
- the last day of employment in which you were exposed to noise; or
- if you are still employed in a noisy environment, the date your claim is lodged.
Where you sustain hearing loss which is accepted as arising out of or in the course of your employment, you may be eligible to claim entitlements including:
- The reasonable cost of a range of hearing services and devices;
- A lump sum impairment benefit in circumstances where the level of injury meets the relevant threshold.
Making A WorkCover Claim With Fortitude Legal
It goes without saying, but each case is unique and that’s how we will treat your case at Fortitude Legal. Having said that, there are some uniform procedural and practical steps that need to be taken in all WorkCover claims. The below is an informative guideline of the process of lodging a WorkCover claim.
An injury must be reported to your employer in an approved form within 30 days. Failure to do so may preclude you from receiving compensation. There is discretion to extend this timeframe in special circumstances.
For weekly payments of compensation, a Claim Form must be lodged with your employer as soon as practicable after the incapacity arising from the injury becomes known.
Arrange an appointment to see your General Practitioner as soon as possible. You should give your General Practitioner a clear history of how you were injured and the nature of your injury.
It is important to get expert legal advice as soon as possible, whether you have lodged your WorkCover claim with your employer or not.
At Fortitude Legal we are in your corner and we are here to assist you. We will let you know where you stand. Make an appointment to speak to us at your convenience. This appointment is obligation free.
We are happy to meet you at one of our offices, at your home, at a location of your convenience or speak to you over the telephone.
You will be put at ease instantly by our Team’s ‘down to earth’ nature and approach.
You can expect to be provided with advice as to the law, your entitlements, the legal process and a full disclosure of our fee arrangements. There will be no pressure placed on you and you will be put in a position so you can make an informed decision either way.
On choosing to proceed with Fortitude Legal, we will immediately take steps to activate your compensation entitlements if that has not already taken place.
We will ensure you understand and are receiving the full extent of your entitlements, including medical and like benefits and Loss of Earnings/Loss of Earning Capacity benefits.
At Fortitude Legal we do not hesitate. We will quickly write off to your WorkCover insurer and obtain a copy of your file and any information relevant to your claim.
After taking detailed instructions from you, we will work out what additional evidence may be required and seek to preserve this evidence before it is destroyed, or in the case of witnesses, before their recollection fades.
We will also commence obtaining your medical records and reports as well as your pay and tax records.
We will then formulate a strategy personalised to your claim and will decide upon any expert witnesses that may be required (ranging from medico-legal experts to engineers and safety experts).
To assist us and the WorkCover insurer for your employer to understand the full nature and extent of your injuries, it is necessary for you to attend independent medical examinations with medico-legal doctors.
These examiners must be independent and have the appropriate qualifications to assess you in accordance with the requirements of the WorkCover system. These examiners do not treat you and their role is to provide reports that assist both us and the WorkCover insurer.
This is not to say that your treating medical practitioners are any less important, as they in fact are paramount in providing you with treatment but also in providing us with medical reports from time to time.
Medical reports are used to establish various matters such as: the history of your injury, the diagnosis of your injury, the treatment you have undergone and will likely require, the prognosis, your capacity for employment and rehabilitation and any pre-existing medical conditions.
From time to time WorkCover insurers will make decisions concerning your entitlements that you will be unhappy with. We are here to provide you with legal advice as to whether each decision is correct and if not, the method in challenging the decision.
We will guide you through the Accident Compensation Conciliation Service process and take steps to commence legal proceedings at Court if the need arises.
At Fortitude Legal we genuinely care how you fare into the future, even after your compensation claim through us has been dealt with.
As a result, if in the future the WorkCover insurer makes any decisions impacting your entitlements that were not dealt with in your lump sum claim(s), we are more than happy to provide you with assistance.
The scheme surrounding workers compensation and your entitlements is complex and there are strict time limits that apply. It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.
We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.
Get in Contact Today
We can help you with the expert legal support that you need.
We are dedicated personal injury specialists committed to serving our fellow residents.
Contact us today and let us fight for you. We're in your corner.
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