WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 72A Industrial deafness
WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 72A
Industrial deafness
(1) A worker who has industrial deafness is a person who has suffered an injury within the meaning of this Act, notwithstanding that the worker has not become totally or partially incapacitated.(2) A worker is entitled to compensation under this Act in respect of industrial deafness which occurred after the commencement of the Workers Rehabilitation and Compensation Reform Act 1995 .(3) A worker is entitled to compensation for permanent impairment under this Act in respect of industrial deafness which exceeds 5% binaural hearing impairment.(4) For the purposes of subsection (3) (a) the binaural hearing impairment is to be calculated by reference to the worker's hearing ability at the commencement of the Workers Rehabilitation and Compensation Reform Act 1995 ; and(b) a worker's hearing loss is taken to have been sustained at a constant rate over the course of the worker's exposure to workplace noise in employment of a nature likely to have caused industrial deafness unless a hearing test that has been conducted since 16 August 1995, in accordance with the regulations, establishes otherwise.(5) The amount of compensation payable under this Part to a worker who suffers permanent impairment in respect of industrial deafness is to be calculated in accordance with section 71(1) .