I am a coal miner - how can a lawyer help me make a hearing loss claim?

An industrial deafness claim is available to a worker who has suffered hearing loss due to working in a noisy environment. It is sometimes referred to as ‘boilermakers’ deafness’, or ‘noise induced deafness’.

Over the years, we have assisted many coal miners successfully claim compensation for hearing loss, along with the provision of hearing aids. In saying that, it is not crucial that you have a lawyer to help you, however a lawyer can make the process simpler for you. Here are 5 things to think about: -

1.       When you lodge a claim, it is common for CMI to ask a range of questions about your employment and exposure to noisy environments, including queries about your activities outside of work. It is possible that you can answer these questions yourself, but it does help to get some advice.

2.       As part of the claim process, you must attend a Medical Panel for assessment. Currently there is a significant queue, largely due to the COVID pandemic. Some people think they can get their claim dealt with quicker if they make it directly with CMI, and do not go through a lawyer. Unfortunately, you cannot jump ahead in the queue and your claim is not dealt with any sooner.  

3.       If you are assessed as having hearing loss following your Medical Panel Assessment, you are required to sign a Complying Agreement as between yourself and CMI. At this stage, you need the assistance of a lawyer as they must also sign the agreement to state that you have been advised about the terms of that agreement.

4.       If your hearing loss is quite high, you may cross the threshold for pain and suffering. As lawyers, we negotiate this on your behalf as it is determined as a percentage of a most extreme case. It would be difficult for you to negotiate this directly with CMI.

5.       The best part is that it does not cost you anything to have a lawyer assist you.  If you have your hearing assessed and fall below the 6% threshold, there is no claim, and we don’t get paid. If you have a successful claim, we are paid by CMI and no fees are deducted from your settlement monies.

If you think you have a hearing loss claim and want advice regarding a claim, get in touch with our friendly team today.