Hearing Loss, What Changed After 2017 Reforms (NSW-Wide)
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've suffered hearing loss due to acoustic trauma from a motor vehicle accident in New South Wales, you may be wondering how the 2017 reforms to the Compulsory Third Party (CTP) scheme have affected your claim. The reforms introduced significant changes to how injuries like acoustic trauma are assessed and compensated under the Motor Accident Injuries Act 2017 (MAIA). This article explains what changed, how claims are evaluated, and what evidence you may need to support your case.
The NSW CTP Rules Behind Hearing Loss Claims
The 2017 reforms replaced the previous Motor Accidents Compensation Act 1999 (MACA) with the Motor Accident Injuries Act 2017 (MAIA), which governs CTP claims in NSW. One of the key changes was the introduction of the Motor Accident Guidelines, which provide a framework for assessing injuries, including acoustic trauma.
Under the new scheme, injuries are categorized based on their whole person impairment (WPI) rating, which is determined by a medical practitioner. For hearing loss caused by acoustic trauma, the injury must meet the threshold injury criteria outlined in the guidelines. This means that not all hearing loss claims will qualify for compensation, the injury must be serious enough to meet the defined threshold.
The reforms also introduced a distinction between statutory benefits (such as weekly income payments and treatment benefits) and damages claims. Statutory benefits are available for all threshold injuries, while damages are only available for injuries that result in a WPI rating of 10% or more.
Practical Steps and Evidence for Hearing Loss Claims
If you're seeking compensation for hearing loss caused by acoustic trauma, you'll need to provide evidence that supports your claim. This includes:
- Medical records showing the cause of your hearing loss and its connection to the motor vehicle accident.
- Audiological reports from a qualified audiologist or ENT specialist.
- Witness statements or accident reports that establish the circumstances of the incident.
- Photographs or video of the accident scene, if available.
- Income records to support claims for lost wages or reduced earning capacity.
It's important to note that the SIRA (State Insurance Regulatory Authority) plays a central role in assessing claims under the new scheme. SIRA evaluates whether your injury meets the threshold injury criteria and determines the appropriate level of compensation.
Time Limits, Disputes and When to Seek Advice
CTP claims in NSW are subject to strict time limits. Generally, you must notify your insurer of your injury within 28 days of the accident. If you're seeking damages, you must file your claim within three years of the accident. These deadlines are critical, missing them can result in your claim being rejected.
If your claim is disputed or you're unsure whether your injury qualifies, it's important to seek legal advice. A solicitor can help you understand your options, ensure your claim is properly prepared, and represent you if necessary.
A Hypothetical Example
Consider the case of a passenger who suffered hearing loss after an airbag deployed during a collision. The passenger was taken to a hospital, where an audiologist diagnosed a threshold injury. The injury was assessed as a WPI rating of 12%, which qualifies for both statutory benefits and a damages claim. The claimant was able to receive weekly income payments and a lump sum compensation for their injury.
This example illustrates how the 2017 reforms have changed the process for assessing and compensating hearing loss claims. It also highlights the importance of obtaining accurate medical evidence and seeking professional advice.
When to Seek Legal Advice
If you're unsure whether your injury qualifies for compensation, or if your claim has been rejected, it's important to seek legal advice. A solicitor can help you understand your options, ensure your claim is properly prepared, and represent you if necessary.
Next Steps
CTP entitlements and deadlines can turn on the accident date, circumstances, injury and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.