Eligibility for Compensation of Occupational Deafness
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According to the Occupational Deafness (Compensation) Ordinance, a claimant shall be entitled to compensation if he/she fulfills both the occupational and disability requirements. Any person who has been awarded compensation for occupational deafness may apply for further compensation if he/she has continued to be employed to work in specified noisy occupations for a period and suffered from greater hearing loss as exemplified by additional percentage of permanent incapacity. |
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Compensation for the First Time
- Occupational requirements:
- at least 10 years of employment in aggregate in specified noisy occupations in Hong Kong or at least 5 years in the case of 4 occupations that are particularly noisy ; and
- having been employed under a continuous contract in a specified noisy occupation in Hong Kong within the 12 months prior to making the application for compensation. (A continuous contract means a contract of employment under which the employee has worked for the same employer for 4 weeks or more, and for at least 18 hours in each of these 4 weeks.)
- Hearing loss requirements:
The hearing loss, being the average of hearing losses measured by audiometry over the 1, 2 and 3 kHz frequencies, should fulfill the following requirement:
- Binaural hearing loss - sensorineural hearing loss amounting to not less than 40 dB in each ear, where such loss of at least one ear is due to noise; or
- Monaural hearing loss - sensorineural hearing loss amounting to not less than 40 dB in only one ear, where such loss is due to noise.
Further Compensation
- Occupational requirements:
- at least 3 years of employment in aggregate in specified noisy occupations in Hong Kong after the application date of the claimant’s latest application for which compensation has been approved; and
- having been employed under a continuous contract in a specified noisy occupation in Hong Kong within the 12 months prior to making the application for further compensation. (A continuous contract means a contract of employment under which the employee has worked for the same employer for 4 weeks or more, and for at least 18 hours in each of these 4 weeks.)
- Hearing loss with additional permanent incapacity requirements:
- confirmed by hearing test as suffering from binaural or monaural hearing loss; and
- the percentage of permanent incapacity as determined by the Board is greater than that of the latest application for which compensation has been approved.
Deadline for Making Application
Any person who is under employ to work in a specified noisy occupation may apply for compensation at any time.
Any person who is no longer employed in specified noisy occupations should apply not later than 12 months after leaving such employment.
Re-application after Refusal
If a claimant for compensation for the first time or for further compensation is refused by the Board on the ground of failing to meet the disability requirement or the requirement of having additional permanent incapacity, the claimant concerned would only be allowed to make a new application for compensation only if he has been employed in any specified noisy occupations in Hong Kong for at least 2 years after the previous application.
