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 Balmain, understanding what evidence to gather is critical. NSW CTP claims for acoustic trauma require specific documentation to support your claim. This guide explains the medical records, assessments and steps needed to prove your injury under the Motor Accident Injuries Act 2017.
What Medical Evidence Matters for Hearing Loss Claims
To establish a CTP claim for hearing loss, you must provide:
- Audiological reports showing pre- and post-accident hearing thresholds
- Medical specialist reports from audiologists or ENTs detailing the injury's cause and impact
- Documentation of treatment including therapies, hearing aids or surgical interventions
- Evidence of acoustic trauma such as vehicle impact data, airbag deployment records or witness accounts of loud noises
SIRA evaluates hearing loss claims using the Motor Accident Guidelines. For acoustic trauma, they require proof that the injury resulted from the accident's forces, not pre-existing conditions. A specialist's opinion linking the injury to the accident is essential.
How SIRA Assesses Acoustic Trauma Injuries
SIRA assesses hearing loss claims by:
- Reviewing medical evidence to confirm the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017
- Evaluating whether the injury resulted from the accident using the 'spinal nerve-root qualification' criteria
- Calculating weekly benefits based on the injury's impact on your ability to work
For acoustic trauma, SIRA may consider:
- The decibel level of the impact
- The duration of exposure to loud noises
- The presence of tinnitus or other auditory symptoms
A 2023 SIRA case example showed that claimants with documented audiograms showing a 30dB loss at specific frequencies were awarded weekly benefits. Without clear evidence of the injury's cause, claims may be denied.
Practical Steps for Balmain Claimants
- Seek immediate medical attention - Visit a specialist within 24 hours of the accident to document symptoms
- Request a full medical report - Ensure the report includes your pre-accident hearing status and the accident's impact
- Preserve accident evidence - Keep vehicle records, police reports and witness statements
- Notify your insurer - Complete the CTP claim form within 52 weeks of the accident (s 3.28 of the Motor Accident Injuries Act 2017)
If your injury is classified as a 'threshold injury' (under s 4.4), you may receive weekly benefits for 52 weeks. After this period, benefits typically stop unless you have a whole person impairment rating of 10% or more.
When to Seek Legal Advice
Consult a solicitor if:
- Your claim is denied and you need to dispute the decision
- You're unsure if your injury meets the threshold injury criteria
- You need help navigating the 52-week benefits period
Legal professionals can help you understand your options under the Motor Accident Injuries Act 2017 and ensure your claim meets SIRA's requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.