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 or a family member has suffered hearing loss due to acoustic trauma in a motor accident in NSW, understanding your compensation options is critical. The NSW Compulsory Third Party (CTP) scheme covers injuries caused by motor vehicle accidents, including hearing loss from trauma sustained during a crash. This article explains how caregivers and families can navigate the claims process, what evidence is needed, and how long-term care needs are addressed under the scheme.
What Compensation is Available for Hearing Loss Claims?
Under the Motor Accident Injuries Act 2017 (MAIA), claimants with hearing loss caused by acoustic trauma may be eligible for statutory benefits. These include coverage for medical treatment, income loss, and care costs. The scheme also allows for compensation for long-term care needs if the injury results in a permanent impairment. For example, if a child sustains hearing loss from an airbag deployment during a collision, caregivers may claim for medical expenses, lost income, and additional support costs.
The NSW CTP scheme distinguishes between 'threshold injuries' and more severe impairments. Hearing loss caused by acoustic trauma may qualify as a threshold injury if it meets specific clinical criteria outlined in the Motor Accident Guidelines. If the injury is classified as a threshold injury, weekly benefits and treatment payments are generally limited to 52 weeks after the accident. However, if the injury results in a whole person impairment rating of 10% or more, the claimant may be eligible for ongoing compensation.
Evidence Required for Hearing Loss Claims
To support a hearing loss claim, claimants must provide medical evidence confirming the injury was caused by the accident. This includes:
- A diagnosis of acoustic trauma or hearing loss from a qualified medical practitioner
- Documentation linking the injury to the motor accident (e.g., medical records, accident reports)
- Evidence of ongoing care needs, such as a care plan or specialist reports
Caregivers should also keep records of financial impacts, such as lost income or additional living expenses, to support claims for care costs. SIRA provides guidance on what evidence is required for different types of claims, including those involving hearing loss.
Time Limits and Dispute Options
The CTP scheme has strict time limits for claims. Most claims must be submitted within 52 weeks of the accident, though exceptions exist for claims involving long-term care needs or permanent impairments. If a claim is disputed, claimants can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek mediation through SIRA.
Practical Considerations for Caregivers and Families
Caregivers should work closely with the claimant’s medical team to ensure all treatment needs are documented. Families may also need to manage practical challenges, such as arranging for specialist care or adjusting to changes in the claimant’s daily routine. The CTP scheme covers some care costs, but families should be aware of the 52-week limit for certain benefits.
If your family is navigating a CTP claim for hearing loss caused by acoustic trauma, it’s important to act promptly and seek guidance on the specific requirements of your case. Time limits and procedural rules can vary depending on the injury’s classification and the circumstances of the accident.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.