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).
Hearing loss caused by acoustic trauma in a motor accident now falls under the revised NSW Compulsory Third Party (CTP) scheme following the 2017 reforms. This article explains how the legal framework has changed, what evidence is needed, and how claims are assessed under the current Motor Accident Injuries Act 2017 (MAIA). If you’ve suffered hearing damage from a crash, airbag deployment, or road noise, understanding these changes is critical to securing compensation.
Key Changes to CTP Claims After 2017
- The 2017 reforms replaced the old Motor Accidents Compensation Act 1999 (MACA) with the MAIA, shifting focus from fault-based claims to a no-fault system. Under the new scheme, all motor accident injuries, including hearing loss, are covered, but the assessment of compensation now hinges on the
- Motor Accident Guidelines* and the
- SIRA (State Insurance Regulatory Authority) guidelines*. This means:
- Threshold injuries (including certain hearing losses) are now subject to a 52-week limit for weekly benefits, unless they meet the whole person impairment (WPI) threshold.
- Acoustic trauma claims must demonstrate a direct link between the accident and the injury, such as damage from a car crash or airbag deployment.
- The
- spinal nerve-root qualification* applies: hearing loss must be tied to neurological signs, not just general trauma.
How Hearing Loss Claims Are Assessed
To qualify for compensation, your claim must show:
- Medical evidence of hearing loss caused by acoustic trauma. This includes audiograms, ENT specialist reports, and documentation of symptoms like tinnitus or vertigo.
- Accident details proving the injury occurred during a motor accident. For example, if a car crash caused your hearing loss, evidence like police reports, witness statements, or vehicle damage records are essential.
- SIRA’s role in determining benefits. SIRA assesses claims based on the Motor Accident Guidelines, which outline how to calculate weekly payments, treatment costs, and lump sum compensation.
If your hearing loss is classified as a threshold injury (e.g., mild to moderate damage), you may receive weekly benefits for up to 52 weeks. However, if the injury meets the WPI threshold (e.g., severe hearing loss requiring a hearing aid), you may qualify for long-term or lump sum payments.
Practical Steps for Claimants in Western Sydney
If you’ve suffered hearing loss from a motor accident, take these steps:
- Seek immediate medical attention to document the injury. A specialist report from an audiologist or ENT doctor is crucial.
- Preserve accident evidence. Keep police reports, witness details, and photos of the scene.
- Notify your insurer under the MAIA scheme. SIRA handles claims, but you’ll need to submit your evidence through the correct channels.
- Request a review if your claim is disputed. SIRA provides a formal process for disputing decisions, including a right to appeal to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
While SIRA manages most claims, complex cases, such as those involving long-term hearing damage or disputes over the WPI threshold, may require legal assistance. A solicitor can help challenge SIRA’s assessment or negotiate a better outcome if your injury meets the criteria for higher compensation.
Time Limits and Dispute Options
You have three years from the date of the accident to file a claim under the MAIA. If you’ve missed this deadline, you may still be able to seek legal advice to explore exceptions, such as if the injury was not discovered immediately.
If your claim is rejected, you can request a review with SIRA or escalate the matter to NCAT. In some cases, a solicitor may also apply to the Supreme Court for a judicial review.
Conclusion
The 2017 reforms have changed how hearing loss claims are assessed in NSW, particularly for injuries caused by acoustic trauma. While the MAIA provides broader coverage, claimants must now meet stricter criteria for long-term benefits. If you’re in Western Sydney and have suffered hearing damage from a motor accident, it’s essential to act quickly and gather the right evidence. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.