WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 125
Entitlements for industrial deafness
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 125
Entitlements for industrial deafness
125 Entitlements for industrial deafness
(1) The worker is entitled to compensation for the industrial deafness under
part 10 and sections 211(1) (a) and 219(1) and not under any other
provision.
(2) The application for compensation for industrial deafness must
be made—
(a) while the claimant is a worker under this Act; or
(b) if the
claimant would ordinarily be a worker under this Act but is temporarily
unemployed; or
(c) within 12 months after the claimant’s formal retirement
from employment.
(3) The worker is entitled to compensation for industrial
deafness that is attributable to the worker’s employment in the State as a
worker if the worker—
(a) has been employed in an industry in the State for
a period of, or for periods totalling, at least 5 years; and
(b) the
employment was at a location, or at locations, where the noise level was a
significant contributing factor to the industrial deafness.
(4) The worker is
not entitled to lump sum compensation for the first 5% of the worker’s
diminution of hearing.
(5) The insurer must ask that the worker’s degree of
permanent impairment resulting from the diminution of hearing be assessed
under section 179.