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 motor accidents is covered under NSW's Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 and SIRA's assessment processes determine compensation for functional limitations impacting daily activities. This article explains how CTP claims address hearing loss, what evidence is required, and when to seek legal advice.
How NSW CTP Law Addresses Hearing Loss from Acoustic Trauma
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries resulting from motor vehicle accidents, including acoustic trauma causing hearing loss. SIRA (State Insurance Regulatory Authority) assesses claims based on medical evidence and functional impact. Acoustic trauma refers to injuries from sudden loud noises, such as those caused by airbags, crash forces, or vehicle collisions.
Hearing loss is evaluated under the Motor Accident Guidelines, which define 'threshold injury' as a minor injury requiring treatment. If a claimant's hearing loss meets this threshold, they may be eligible for weekly income benefits, treatment and care benefits, or compensation for functional limitations. SIRA considers whether the injury affects daily activities like communication, work, or personal care.
Daily Activities Affected by Acoustic Trauma Claims
Hearing loss from acoustic trauma can impair a person's ability to perform everyday tasks. For example, difficulty hearing conversations may affect work performance or social interactions. SIRA assesses how the injury impacts daily living by reviewing medical reports, audiograms, and statements from healthcare professionals.
Key factors include:
- Communication challenges - such as difficulty understanding speech or using the phone.
- Workplace limitations - like reduced capacity to concentrate or perform tasks requiring auditory input.
- Personal care - such as trouble following verbal instructions for medication or household tasks.
Claimants must demonstrate how their hearing loss directly affects their ability to engage in daily activities. This requires detailed medical evidence linking the injury to functional limitations.
SIRA's Evaluation of Compensation for Hearing Loss
SIRA evaluates compensation based on the severity of the injury and its impact on daily life. For threshold injuries, weekly benefits are available for up to 52 weeks, but this period may be shorter if the injury does not meet the threshold. If the injury results in long-term functional limitations, claimants may be eligible for additional compensation.
Compensation may cover:
- Medical treatment - including audiologist consultations and hearing aids.
- Income support - weekly payments if the injury prevents work.
- Functional compensation - for ongoing difficulties with daily activities.
SIRA uses the Motor Accident Guidelines to determine whether a claimant's injury meets the threshold for benefits. If the injury is not classified as a threshold injury, claimants may need to pursue a common law damages claim through the NSW Civil and Administrative Tribunal (NCAT).
Evidence Needed for CTP Claims
To support a CTP claim for acoustic trauma-related hearing loss, claimants must provide:
- Medical records - including audiograms, doctor reports, and treatment histories.
- Accident details - such as police reports, witness statements, and vehicle inspection reports.
- Evidence of functional impact - like statements from healthcare professionals explaining how the injury affects daily activities.
- Income records - to demonstrate lost earnings or reduced capacity to work.
Claimants should also retain all correspondence with insurers and keep copies of medical appointments and treatment plans. This evidence helps SIRA assess the injury's impact and determine the appropriate level of compensation.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a threshold injury. However, this period may be shorter depending on the injury's nature. If the injury does not meet the threshold, claimants may have more time to pursue compensation, but they should act promptly to avoid missing key deadlines.
Disputes over claim assessments can be resolved through SIRA's internal review process or by applying to NCAT. Claimants should seek legal advice if they believe their claim has been undervalued or if their injury meets the threshold for long-term benefits.
Hypothetical Example: Hearing Loss from Airbag Deployment
Consider a passenger who suffered hearing loss after an airbag deployed during a collision. Medical evidence shows the injury meets the threshold for a CTP claim. SIRA assesses how the hearing loss affects the passenger's ability to work, communicate, and manage daily tasks. If the injury results in long-term functional limitations, the claimant may be eligible for additional compensation beyond the 52-week benefits period.
Next Steps for Claimants
If you or a loved one has experienced hearing loss from acoustic trauma in a motor accident, it is essential to seek legal advice to ensure your claim is properly assessed. CTP entitlements depend on the accident date, injury type, and evidence provided. Contact a legal professional to explore your options and ensure your claim meets all requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.