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 resulting from acoustic trauma during a motor accident in Ashfield, NSW, may be covered under the state’s Compulsory Third Party (CTP) insurance scheme. This injury, caused by sudden loud noise from a crash or airbag deployment, can affect daily activities such as communication, work, and social participation. Under the Motor Accident Injuries Act 2017, individuals with such injuries may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages. The extent of entitlement depends on the nature of the injury, medical evidence, and whether it meets the threshold for damages. This article explains how the CTP scheme applies to hearing loss from acoustic trauma, what evidence supports a claim, and how to manage daily life while pursuing compensation.
How the NSW CTP Scheme Addresses Hearing Loss from Acoustic Trauma
Hearing loss due to acoustic trauma following a motor accident may be recognised as a compensable injury under the CTP scheme. The injury must be directly caused by the accident, not pre-existing. Acoustic trauma refers to sudden, intense noise exposure during a crash, such as from airbag deployment, glass shattering, or impact noise, which can damage the inner ear and lead to permanent or fluctuating hearing loss. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set the legal framework for compensation. If the injury is not classified as a threshold injury, the claimant may access treatment and care benefits and weekly income payments without needing to prove fault. These benefits cover medical treatment, rehabilitation, and financial support for lost income.
What Evidence Supports a CTP Claim for Hearing Loss
To establish a claim for hearing loss from acoustic trauma, medical evidence is essential. A specialist assessment by an audiologist or ear, nose and throat (ENT) physician is required to confirm the presence, extent, and cause of hearing loss. The assessment must include audiometry testing, which measures hearing thresholds across frequencies, and may include speech discrimination tests. The medical report must link the injury to the accident, noting the timing of the incident and the onset of symptoms. Documentation of any tinnitus, dizziness, or hyperacusis (increased sensitivity to sound) may also support the claim.
Other evidence includes a police report, accident scene photos, witness statements, and a record of the vehicle’s airbag deployment (if available). A detailed diary of how hearing loss affects daily life, such as difficulty understanding conversations, needing to turn up audio devices, or avoiding social settings, can help demonstrate the impact on functional capacity. All records should be preserved and provided to the insurer or claims administrator.
Managing Daily Activities After a CTP Claim Involving Hearing Loss
Hearing loss can significantly affect daily routines, including work, family interactions, and community participation. Individuals may need to adapt their environment, such as using hearing aids, sound amplification devices, or assistive listening technology. Employers may need to implement reasonable adjustments, such as providing written summaries of meetings or using visual cues. The CTP scheme supports these adaptations through treatment and care benefits, which cover the cost of hearing aids, cochlear implants, and audiological rehabilitation.
Practical steps include: arranging a formal audiometric assessment within a reasonable time after the accident; informing your employer about the injury if it affects work performance; and seeking advice from a rehabilitation professional. The claimant should also keep a log of how the injury limits their ability to perform tasks, such as attending appointments, using public transport, or managing household duties. These records help demonstrate the ongoing impact of the injury, which may be relevant if a damages claim is pursued.
Time Limits and Procedural Requirements
A claim for compensation must generally be made within three years of the accident date, as set out in the Motor Accident Injuries Act 2017. Failure to meet this deadline may prevent a claim from being accepted. However, for claims involving a threshold injury, the time limit may be extended if the injury is not fully stabilised. The claim must be notified to the insurer as soon as possible, ideally within 28 days, to preserve rights to benefits.
If the insurer denies the claim or disputes the extent of the injury, the claimant may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Hearing loss alone may not qualify unless it results in a whole person impairment (WPI) of 10% or more, as assessed under the Motor Accident Guidelines.
Hypothetical Example: Hearing Loss After a Crash in Ashfield
A 42-year-old resident of Ashfield was a passenger in a car that collided with a tree at 60 km/h. The airbag deployed, and the passenger reported immediate ringing in the ears and difficulty hearing. Over the next two weeks, hearing loss worsened. An audiologist confirmed a 40 dB hearing loss in the right ear, consistent with acoustic trauma. The medical report linked the injury to the accident. The claimant submitted a claim under the CTP scheme and received treatment and care benefits, including a hearing aid and counselling. After 12 months, the hearing had not improved, and a WPI assessment showed 12%. The claimant was able to pursue a damages claim for non-economic loss.
When to Seek Independent Advice
Every claim depends on its own facts. The nature of the injury, the quality of medical evidence, and the impact on daily life all affect eligibility for benefits and damages. If the injury is not stabilised, or if the insurer disputes the claim, it may be necessary to seek independent legal or medical advice. The CTP scheme allows for review and dispute resolution, but early engagement with a qualified professional can help ensure that all rights are protected.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.