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 a motor accident in Ashfield, documenting your injury is essential for a successful CTP claim. Under NSW law, you must prove the injury's connection to the accident and its impact on your life. This guide explains what evidence matters, how to organize it, and common pitfalls to avoid.
What Medical Evidence Proves Acoustic Trauma Hearing Loss?
To claim compensation for hearing loss caused by a motor accident, you must provide medical evidence showing a direct link between the accident and your injury. Key documents include:
- Audiogram reports showing pre- and post-accident hearing thresholds
- Neurotology or ENT specialist reports diagnosing acoustic trauma or noise-induced hearing loss
- Imaging scans (e.g., MRI) if there's evidence of inner ear damage
- Speech audiometry results to assess speech discrimination
SIRA guidelines require evidence of a 'threshold injury' under the Motor Accident Injuries Act 2017. This means your hearing loss must meet specific clinical criteria, such as a 25dB or greater loss in one or both ears.
How to Organize Documentation for SIRA Assessment
When preparing your claim, organize evidence in chronological order to show the injury's progression. Include:
- Accident details: Police report, witness statements, and photos of the scene
- Medical records: All treatment records from the date of injury onwards
- Income records: Proof of lost wages or reduced earning capacity
- Speech-to-text notes: If you're experiencing speech discrimination issues
SIRA assesses claims based on the 'whole person impairment' scale. For hearing loss, this involves demonstrating how the injury affects your ability to work, communicate, or engage in daily activities.
Common Pitfalls to Avoid
Many claimants fail to document their injury's progression. For example, if you only get an audiogram six months after the accident, it may not show the full extent of your hearing loss. Always:
- Get regular follow-up assessments from a specialist
- Keep a diary of symptoms, including tinnitus or difficulty understanding speech
- Preserve all medical correspondence with dates and timestamps
If your injury is classified as a 'threshold injury' under the Motor Accident Injuries Act 2017, you may be limited to 52 weeks of weekly benefits. However, if your hearing loss results in a whole person impairment of 10% or more, you may qualify for long-term compensation.
When to Seek Legal Advice
If you're unsure whether your hearing loss meets the threshold injury criteria, or if your claim is being disputed, consult a solicitor. SIRA has specific rules about what constitutes a 'threshold injury' and how to prove it. Legal advice can help you understand your options for claiming additional compensation if your injury exceeds the threshold.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.