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 on the Central Coast, the 2017 reforms to NSW’s Compulsory Third Party (CTP) scheme may affect your claim. This article explains how the reforms changed the assessment of hearing loss injuries, what evidence matters, and how to navigate the CTP system.
What Changed After the 2017 Reforms?
The 2017 reforms to the Motor Accident Injuries Act 2017 introduced stricter rules for assessing injuries. Hearing loss caused by acoustic trauma, such as damage from a car crash or airbag deployment, is now classified under the ‘threshold injury’ category. This means claims for hearing loss must meet specific criteria to qualify for benefits.
Under the reforms, injuries must produce neurological signs, such as a spinal nerve-root injury with clinical evidence. For example, if a crash caused temporary hearing loss due to a sudden loud noise, the injury must be confirmed by a medical practitioner as meeting the threshold injury definition in the Motor Accident Guidelines. This change ensures only injuries with measurable impact on daily life qualify for compensation.
How Are Acoustic Trauma Injuries Assessed Now?
The NSW CTP scheme evaluates injuries based on the Motor Accident Guidelines. For hearing loss claims, the following factors are critical:
- Medical evidence: A doctor must document the injury, including audiograms and clinical notes linking the trauma to the hearing loss.
- Threshold injury criteria: The injury must result in a whole-person impairment rating of 10% or more, or meet the spinal nerve-root definition. For example, a passenger who lost hearing after an airbag deployed and now struggles to work may qualify.
- No-fault basis: CTP claims are not based on fault, so the at-fault driver’s insurance covers the claim regardless of who was at fault.
The reforms also limit benefits after 52 weeks if the injury is a ‘threshold injury’ only. If your hearing loss is temporary and resolves within this period, you may not be eligible for ongoing payments.
What Documentation Is Needed for a Hearing Loss Claim?
To support a CTP claim for hearing loss, you’ll need:
- Medical records: Detailed reports from a specialist confirming the injury’s cause and impact.
- Accident details: Police reports, witness statements, and photos of the scene.
- Income evidence: Proof of lost wages or reduced earning capacity if the injury affects your ability to work.
- Communication records: Evidence of how the hearing loss impacts daily life, such as difficulty using phones or socializing.
If your claim involves a dispute over the injury’s severity, SIRA (State Insurance Regulatory Authority) will assess it using the Motor Accident Guidelines. Independent medical opinions may be required to determine if the injury meets the threshold.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. Delays can result in lost benefits, especially for injuries that fall below the threshold. If your hearing loss is temporary, you may need to re-engage with the insurer after recovery to confirm it no longer qualifies.
If you’re unsure whether your injury meets the threshold, seek legal advice early. Claims involving complex injuries like acoustic trauma often require expert review to ensure you receive all available benefits.
Next Steps for Central Coast Claimants
The 2017 reforms changed how hearing loss claims are evaluated, but the CTP scheme remains a no-fault system. If you’ve suffered acoustic trauma and are unsure about your claim’s viability, contact a legal professional to review your case. Every claim depends on its own facts, and the Central Coast’s CTP process follows the same rules as the rest of NSW.