A noise induced hearing loss (NIHL) claim in South Australia refers to a workers’ compensation claim made under the ReturnToWorkSA (formerly WorkCover) scheme for hearing damage that a person has suffered as a result of exposure to hazardous noise in the workplace. This is sometimes also referred to as industrial deafness or work-related hearing loss.
What is NIHL?
Noise induced hearing loss (NIHL) means permanent hearing damage caused by exposure to loud noise over time (e.g., machinery, tools, engines) while working. The loss doesn’t have to be sudden — it often develops gradually.
Under South Australian workers’ compensation law, if you can show your hearing loss is consistent with workplace noise exposure, it is presumed to be due to your employment unless there’s evidence to the contrary.
How a claim works?
1. Medical testing:
You first get a hearing test by an audiologist to measure your hearing loss. If the loss is significant, an ENT specialist (Ear, Nose & Throat surgeon) assesses permanent impairment and the link to workplace noise.
2. Exposure history:
You will need to provide details of your noisy work and how long you were exposed to hazardous noise.
3. Lodging the claim:
The claim is lodged with ReturnToWorkSA, usually through their nominated agents, Gallagher bassett or Employers Mutual Limited. Certain employers are self-insured in which case the claim is lodged through the employer. With NIHL there is a “no fault” test — if the hearing loss arose from noisy work, it’s compensable under the law.
What you can claim?
Entitlements can include:
• Hearing aids and related medical expenses.
• Lump sum compensation if your hearing impairment meets a minimum statutory threshold for permanent impairment. (i.e. 5 % or more for whole person impairment in SA for non-economic lump sum payment).
Time Limits
• In SA, there is typically a time limit to lodge a claim — often within 6 months of when you last worked in a noisy environment. However, exceptions can apply (e.g., if you didn’t realise the loss was work-related until later).
Key legal points
• Presumption of work cause: If you were exposed to workplace noise and the hearing loss is consistent with that exposure, it is presumed to be work-related unless proven otherwise. The presumption generally appies if the claim is brought while you are still working or within 2 years of retirement
• The claim is made under the Return to Work Act and associated workers’ compensation regulations in South Australia.
• Compensation isn’t a penalty on your employer — it’s part of the no-fault workers’ compensation system.
Call us and we will assist you through the process on a no win-no fee basis.