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 Western Sydney, documenting your injury is critical to securing compensation under NSW's Compulsory Third Party (CTP) scheme. This guide explains what evidence to gather, how to record symptoms, and what medical records are essential for a successful claim.
What Documentation is Required to Prove Hearing Loss?
Under the Motor Accident Injuries Act 2017, claims for hearing loss must be supported by objective medical evidence. Key documents include:
- Audiological reports from an audiologist or ENT specialist showing pre- and post-accident hearing thresholds
- Medical records detailing the nature of the injury (e.g., acoustic trauma from airbag deployment or crash forces)
- Diagnosis notes confirming the injury is a 'threshold injury' under the Motor Accident Guidelines
- Witness statements from medical professionals about the injury's impact on your hearing
- Audiogram results showing a measurable change in hearing ability
How to Record Acoustic Trauma Symptoms for CTP Assessments
Accurate symptom documentation is vital. Keep a record of:
- Specific incidents of noise exposure (e.g., loud engine noise, airbag deployment)
- Changes in hearing, note when you first noticed difficulty hearing, and whether it worsened
- Communication challenges, document instances where you struggled to hear conversations or use phones
- Medical consultations, ensure your GP or specialist records your symptoms in detail
Critical Medical Evidence for CTP Hearing Loss Claims
The NSW State Insurance Regulatory Authority (SIRA) emphasizes that claims must demonstrate a direct link between the accident and the injury. Essential evidence includes:
- Audiometry test results showing a 25dB or greater hearing loss in at least one ear
- ENT specialist reports confirming acoustic trauma or middle ear damage
- Neurological assessments if there's suspected nerve-root injury (per the Motor Accident Guidelines)
- Pre-accident hearing records to establish baseline hearing ability
- Medical opinions linking the injury to the accident (e.g., from a neuro-otologist)
Practical Steps for Western Sydney Claimants
- Seek immediate medical attention, ensure your GP or audiologist documents the injury within 24 hours of the accident
- Request written records, ask for copies of all medical reports, test results, and consultation notes
- Keep a symptom diary, record daily changes in hearing, tinnitus, or balance issues
- Preserve accident evidence, retain police reports, witness statements, and photos of the scene
- Notify your insurer, complete the CTP claim form within 52 weeks of the accident (per s 4.4 of the Motor Accident Injuries Act 2017)
Time Limits and When to Seek Advice
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' (per s 3.28). If your claim involves complex hearing loss or disputes over the injury's severity, consult a legal professional before the 52-week deadline. Delays can jeopardize access to weekly income payments or treatment benefits.
Example Scenario
A motorcyclist in Western Sydney suffered hearing loss after an airbag deployed during a collision. Their audiologist documented a 30dB loss in the left ear, with test results showing a 'threshold injury' under the Motor Accident Guidelines. The claimant preserved medical records, a police report, and a witness statement from a bystander. This evidence enabled a successful CTP claim for treatment benefits and income support.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.