Hearing Loss Claims After 2017 CTP Reforms in Armidale
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you suffered hearing loss from acoustic trauma in a motor accident in Armidale, the 2017 NSW CTP reforms changed how your claim is assessed. Before 2017, compensation depended on common law principles like fault and damages. Now, claims are governed by the Motor Accident Injuries Act 2017 and SIRA’s statutory guidelines. This article explains how the reforms affect hearing loss claims, what evidence matters, and how SIRA evaluates injuries.
Key Changes to CTP Claims After 2017
The 2017 reforms introduced a statutory framework for CTP claims, replacing the previous common law system. Key changes include:
- Threshold injury definition: Injuries must meet specific criteria in the Motor Accident Guidelines 2017 to qualify for benefits. Hearing loss from acoustic trauma may fall under this if it meets the threshold.
- Statutory benefits: Claims are now processed through SIRA, with fixed benefits for injuries like hearing loss, rather than being determined by a court.
- No-fault compensation: You can claim benefits regardless of fault, but the type and amount depend on the injury’s severity.
How SIRA Assesses Acoustic Trauma Injuries
SIRA evaluates injuries using the Motor Accident Guidelines 2017. For hearing loss caused by acoustic trauma (e.g., from airbags or crash forces), the following factors are critical:
- Medical evidence: Audiological reports, ENT specialist notes, and hearing test results must show a direct link between the accident and the injury.
- Threshold injury criteria: The injury must meet the definition of a 'threshold injury' under the guidelines. This includes specific neurological or functional impairments.
- Spinal nerve-root qualification: If the hearing loss is due to a spinal nerve-root injury, it must produce neurological signs beyond radiculopathy (nerve root irritation) to qualify as a threshold injury.
Evidence Required for Hearing Loss Claims
To support a claim for hearing loss caused by acoustic trauma, you’ll need:
- Medical records: Detailed documentation from audiologists or ENT specialists confirming the injury’s cause and severity.
- Accident report: Police or insurer reports detailing the incident, including any airbag deployment or crash forces.
- Witness statements: Accounts from others who saw the accident or noticed your hearing loss.
- Income and treatment records: Proof of lost wages or treatment costs, if applicable.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury.' If your claim is denied, you can:
- Request a review: SIRA allows for a review of decisions based on new evidence.
- Seek independent advice: A solicitor can help challenge a decision or negotiate a better outcome.
When to Seek Legal Advice
If your hearing loss is not clearly classified as a threshold injury, or if SIRA denies your claim, it’s important to consult a lawyer. They can:
- Assess whether your injury meets the threshold criteria.
- Help you navigate the SIRA process.
- Explore options for additional compensation if your claim is denied.
Next Steps
CTP claims depend on the date of the accident, the type of injury, and the evidence you provide. If you’re in Armidale and have questions about your hearing loss claim, contact a legal professional to discuss your options. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.