Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 from acoustic trauma in a motor accident in Albury NSW, understanding what evidence to gather is critical. The NSW Compulsory Third Party (CTP) scheme covers injuries caused by motor vehicles, but proving your claim requires specific documentation. This guide explains what records matter, how SIRA assesses hearing loss claims, and steps to avoid common pitfalls.
Proving Hearing Loss Under NSW CTP Law
To claim compensation for hearing loss caused by acoustic trauma, you must demonstrate a direct link between the accident and your injury. The Motor Accident Injuries Act 2017 governs CTP claims, and the New South Wales Motor Accident Guidelines provide criteria for assessing injuries. SIRA evaluates claims based on medical evidence showing:
- A clear connection between the accident (e.g., airbag deployment, crash forces) and the hearing loss
- Documentation of pre-existing hearing conditions
- Clinical evidence of acoustic trauma, such as audiograms or ENT specialist reports
Essential Documentation Checklist
- Medical Records: Obtain full records from audiologists or ENT specialists, including:
- Audiogram results showing hearing thresholds
- Diagnosis of acoustic trauma or noise-induced hearing loss
- Notes on pre-accident hearing health
- Accident Details: Gather evidence about the incident, such as:
- Police reports or accident statements
- Witness statements describing the crash
as well as the type of impact (e.g., airbag deployment, side collision)
- Expert Reports: Secure a report from a qualified audiologist or ENT specialist confirming:
- The injury meets the 'threshold injury' definition under the Motor Accident Guidelines
- The injury is not due to pre-existing conditions
- SIRA Forms: Complete and submit the required claim forms, including:
- Claimant's Statement of Claim (Form 1)
- Medical Evidence Form (Form 2)
- Income and treatment records (Form 3)
- Witness and Photographs: Document the scene with photographs of:
- Vehicle damage
- Airbag deployment (if applicable)
- Any visible signs of impact
How SIRA Assesses Hearing Loss Claims
SIRA uses the Motor Accident Guidelines to determine if your injury qualifies for benefits. For acoustic trauma, they focus on:
- Neurological signs: Evidence of nerve damage from the injury
- Audiogram results: Specific thresholds indicating hearing loss
- Clinical correlation: Linking the injury to the accident event
If your injury is classified as a 'threshold injury' (the minimum level of injury covered by CTP), you may be eligible for weekly benefits and treatment costs. However, if the injury is not above the threshold, benefits may be limited or denied.
Common Pitfalls to Avoid
- Delaying Documentation: Medical evidence must be submitted within 52 weeks of the accident. After this period, benefits for threshold injuries are generally limited.
- Incomplete Records: Missing audiograms or incomplete medical histories can weaken your claim.
- Failing to Prove Causation: Ensure your evidence clearly shows the injury resulted from the accident, not pre-existing conditions.
When to Seek Legal Advice
If your claim is denied or you're unsure about your options, consult a solicitor specialising in NSW CTP claims. They can help:
- Challenge a refusal based on the Motor Accident Guidelines
- Negotiate for additional compensation if your injury exceeds threshold levels
- Navigate disputes with SIRA about the severity of your hearing loss
Next Steps
Time limits and procedural requirements apply to CTP claims. To request contact about your circumstances, complete the quick, no obligation enquiry form.