Construction workers across New South Wales are exposed to dangerously loud work environments. From jackhammers and bulldozers to circular saws and cranes, daily exposure to high-decibel noise can result in Noise-Induced Hearing Loss (NIHL)—a permanent and often preventable occupational injury.
About 14% of construction workers report difficulty hearing, and 7% experience tinnitus due to workplace noise. With over 65% of Australia’s NIHL workers’ compensation claims originating from the manufacturing, construction, and transport industries, the burden is significant.
If you've suffered hearing damage from your work on a construction site, you may be entitled to compensation under NSW law.
Understanding Noise-Induced Hearing Loss (NIHL)
Noise-Induced Hearing Loss is a form of sensorineural hearing damage caused by prolonged exposure to loud sounds. According to Safe Work Australia, exposure to noise levels above 85 decibels (dB) over an 8-hour workday can lead to permanent hearing damage.
In construction, workers regularly exceed this limit. Tools like jackhammers (100–120 dB), concrete saws (110 dB), and pneumatic drills (up to 125 dB) contribute to the risk. Even with brief exposure, these levels can cause irreversible damage without adequate hearing protection.
Legal Duties of Employers in NSW
Employers in the construction industry have a legal obligation under the Work Health and Safety Act 2011 (NSW) to eliminate or minimise exposure to harmful noise. This includes:
- Conducting noise assessments
- Providing and maintaining hearing protection
- Training workers in safe practices
- Implementing engineering controls (e.g. quieter tools, barriers)
Failure to meet these obligations may result in employer liability where workers suffer preventable hearing loss
What Are Your Avenues For Compensation
Workers Compensation Claims
Injured construction workers are entitled to claim workers compensation under the Workers Compensation Act 1987 (NSW). If your hearing loss is found to be work-related, you may be eligible for:
- Medical and audiological expenses (e.g. hearing aids)
- Weekly payments for lost income (if applicable)
- Lump sum compensation for permanent hearing loss
To qualify for lump sum compensation, you must be assessed by an Approved Medical Specialist who determines the degree of binaural hearing loss (i.e., in both ears). According to SIRA, the minimum threshold for compensation is currently 6% binaural hearing loss .
Noise-induced hearing loss often develops gradually over time and may not become apparent until years after exposure. Importantly, NSW law allows claims for gradual process injuries, such as hearing loss, even after a worker has left the industry or changed employers.
The key requirement is showing a causal link between your work and your hearing loss. Past employment records, noise exposure history, and audiology reports are critical to establishing this connection.
Common Law Claims
If your hearing loss was caused by employer negligence—such as failure to provide hearing protection—you may also be entitled to sue for work injury damages under Section 151H of the Workers Compensation Act. However, this requires:
- A permanent impairment of at least 15% whole person impairment (WPI)
- Evidence that the employer breached their duty of care
This legal avenue may allow recovery for economic loss beyond what the statutory compensation scheme offers.
What Should You Do If You Suspect Hearing Loss
If you suspect you've suffered hearing loss, it’s essential to:
- Visit your GP and get a referral for a hearing assessment
- Retain your employment and medical history
- Lodge a workers compensation claim with your employer or their insurer.
- Seek legal advice—particularly if your claim is disputed or you wish to explore common law damages.
Your claim may be challenged by insurers, especially if there is no recent audiogram or you’ve worked in multiple noisy environments. A specialist personal injury lawyer can assist in gathering evidence and guiding your claim through the Personal Injury Commission, if required.
If you believe your hearing has been damaged by work-related noise, don’t delay. Contact LawAdvice today to speak with one of our NSW compensation lawyers. We’ll help you understand your rights, lodge your claim, and pursue the compensation you deserve.