7/29/2021 6.2.

6 Hearing loss

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Claims Manual | 6 Specialised Payments | 6.2 Impairment Benefits | 6.2.6 Hearing loss

6.2.6 Hearing loss

6.2.6.1 Prior hearing loss due to interstate employment | 6.2.6.2 Assess further hearing loss | 6.2.6.3 Calculate
hearing loss claims | 6.2.6.4 Hearing loss claims policy

Industrial deafness is any condition of deafness caused by exposure, continued exposure or periods
of continued exposure to industrial noise.

Any diminution of hearing must be assessed as binaural loss of hearing. Binaural loss of hearing
describes any loss of hearing in binaural and monaural loss of hearing.

Diminution of hearing is deemed to have occurred at a constant rate within the total number of years
exposed to industrial deafness.

A diminution of hearing loss, that has occurred where there is no liability to pay compensation under
the Act, must be excluded from assessment of deafness when calculating compensation.

Deemed date of injury

For diminution of hearing loss claims, the date of injury is deemed to be:

the last day on which the worker was performing duties or exposed to conditions by reason of
which the injury was due to the nature of or arose out of the worker’s employment or
the date of the claim if the worker is still performing duties or exposed to conditions by reason
of which the injury is due to the nature of or arose out of the worker’s employment.

When deemed date of injury is date of claim

When the deemed date of injury is the date of claim, that is, the worker is currently employed in that
employment, the compensation entitlement is calculated as at the date of the impairment report or
supplementary report, rather than the date of the claim.

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7/29/2021 6.2.6 Hearing loss

If the date of injury is deemed to be the last day of the worker’s employment, then the compensation
entitlement is calculated as at that day.

When date of calculation is deemed to be in a different financial year Back to top

When the date of calculation is deemed to be in a different financial year from the date of the claim,
the entitlement will be calculated incorrectly in ACCtion. The IB Specialist must calculate an
incomplete Notice of Entitlement and contact the Impairment Benefit Team. In these instances
WorkSafe will adjust the payment of compensation based upon the date of the impairment report.

Establishing last employer

Damaging noise is generally considered to be at or above 85 decibels (dba). In the case of Blaney
Shire Council v Lobley and Anor, it was found that a worker need not show that employment in fact
caused the hearing loss. However, if the ‘tendencies, incidents or characteristics’ of that employment
were of the type to cause the injury, then the injury is said to arise from that employment. Therefore to
establish the last employer depends on what is the last possible day that damage could have
occurred, as opposed to the last probable day.

Determining liability
The Agent is advised to use medical assessments in deciding liability only if an employer has pre-
employment audiograms to confirm the extent of loss before commencing employment.

In all other circumstances, if a worker is exposed to damaging noise in the course of their job – and
medical evidence supports that the worker has sustained some hearing loss - liability for the injury
should be accepted.

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© 2020 Victorian WorkCover Authority

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