The amount of compensation payable to a claimant is determined in accordance with his/her age at the time of application, monthly earnings and the percentage of permanent incapacity (compensation for the first time) / additional percentage of permanent incapacity (further compensation) as follows:
| Age | Amount of Compensation | ||
|---|---|---|---|
| Under 40 | 96 months' earnings | X | % of permanent incapacity (compensation for the first time) or additional % of permanent incapacity (further compensation) |
| 40 to under 56 | 72 months' earnings | ||
| 56 or above | 48 months' earnings | ||
Determination of Monthly Earnings
In accordance with the Occupational Deafness (Compensation) Ordinance, the monthly earnings means the average monthly earnings received by the claimant in his/her last 12 months' employment in specified noisy occupations in Hong Kong prior to the date of application. If the claimant cannot provide documentary evidence on his/her earnings or the evidence so provided is not accepted by the Board, the compensation will be computed in accordance with the median employment earnings of the total employed population of Hong Kong published by the Census and Statistics Department. In either case, the ceiling is subject to a maximum amount of $38,670 for the purpose of computing the amount of compensation.
The Board will determine the monthly earnings as above, and also be taking the relevant provisions under the Minimum Wage Ordinance into consideration.
Percentage of Permanent Incapacity
The percentage of permanent incapacity is determined with reference to the hearing loss in accordance with the following table:
| Percentage (%) of permanent incapacity | Average hearing loss (dB) at 1, 2, 3 kHz frequencies as determined by the Board ( For the better ear ) |
|||||||||||||
|
below 40 dB |
40 to below 45 dB |
45 to below 50 dB |
50 to below 55 dB |
55 to below 60 dB |
60 to below 65 dB |
65 to below 70 dB |
70 to below 75 dB |
75 to below 80 dB |
80 to below 85 dB |
85 to below 90 dB |
90 dB or above |
|||
| Average hearing loss (dB) at 1, 2, 3 kHz frequencies as determined by the Board | ︿ For the worse ear ﹀ |
40 to below 45 dB | 0.5 | 1 | ||||||||||
| 45 to below 50 dB | 1 | 2 | 5 | |||||||||||
| 50 to below 55 dB | 1.5 | 3 | 6 | 10 | ||||||||||
| 55 to below 60 dB | 2 | 4 | 7 | 11 | 15 | |||||||||
| 60 to below 65 dB | 2.5 | 5 | 8 | 12 | 16 | 20 | ||||||||
| 65 to below 70 dB | 3 | 6 | 9 | 13 | 17 | 21 | 25 | |||||||
| 70 to below 75 dB | 3.5 | 7 | 10 | 14 | 18 | 22 | 26 | 30 | ||||||
| 75 to below 80 dB | 4 | 8 | 11 | 15 | 19 | 23 | 27 | 31 | 35 | |||||
| 80 to below 85 dB | 4.5 | 9 | 13 | 17 | 21 | 25 | 29 | 33 | 37 | 43 | ||||
| 85 to below 90 dB | 5.5 | 11 | 14 | 18 | 22 | 26 | 30 | 34 | 38 | 45 | 51 | |||
| 90 dB or above | 6.5 | 13 | 16 | 20 | 24 | 28 | 32 | 36 | 40 | 46 | 53 | 60 | ||
(Note: The above table is for reference only. Please refer to sections 20, 39, 48, and Schedule 4 of the Ordinance for the relevant legislative provisions.)
Examples:
Binaural hearing lossA claimant aged 45 is determined to be entitled to compensation. The hearing loss in his right and left ears are 50 dB and 65 dB respectively. As a result, the percentage of permanent incapacity shall be 13%.
The average monthly earnings of his employment in specified noisy occupations in Hong Kong during the 12 months of his last employment in noisy occupations was $10,000.
The amount of compensation payable to him shall be:
72 x $10,000 x 13% = $93,600
Monaural hearing loss
Given the same claimant, if the degrees of hearing loss in the right and left ears are 50 dB and 35 dB respectively, he/she shall be determined as suffering from monaural hearing loss. The percentage of permanent incapacity shall be 1.5%.
The average monthly earnings of his employment in specified noisy occupations in Hong Kong during the 12 months of his last employment in noisy occupations was $10,000.
The amount of compensation payable to him shall be:
72 x $10,000 x 1.5% = $10,800
