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ARTICLE · 07 SEPTEMBER 2026

Industrial Deafness Claims - Key Evidence Lessons

Bartier Perry Solicitors
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In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

AustraliaLitigation, Mediation & Arbitration
Kate Ralph
Kate Ralph
Sol Adamcewicz
Sol Adamcewicz
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In hearing loss claims, it must be established the ‘tendencies, incidents or characteristics’ of the employment were such that the nature of the work could give rise to the hearing loss injury (Blayney Shire Council v Lobley (1995) 12 NSWCCR 52). The worker does not have to prove his employment actually brought about or caused or contributed to the injury. All that needs to be established is that the employment in question was sufficient to create a real risk of hearing loss (Callaby v State Transit Authority (NSW) [2000] 21 NSWCCR 216).

It’s not uncommon to see conflicting evidence about the noise levels in workplaces which makes it difficult to determine the last noisy employer and if the employment was sufficient to create a real risk of hearing loss.

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