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 due to acoustic trauma from a road accident in Armidale, understanding your rights under NSW's Compulsory Third Party (CTP) scheme is critical. This article explains how to claim compensation for noise-induced hearing loss, the evidence required, and key steps to take after an accident. The NSW Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and the State Insurance Regulatory Authority (SIRA) administers the scheme. Early action is essential to preserve your right to claim.
What Evidence is Needed for a CTP Claim?
To claim compensation for hearing loss caused by acoustic trauma, you must provide medical evidence showing a direct link between the accident and your injury. This includes:
- A diagnosis of hearing loss from a licensed audiologist or ENT specialist
- Medical records detailing the cause of the injury (e.g., trauma from a car crash, airbag deployment, or prolonged exposure to loud noises during the accident)
- Audiogram results showing a measurable change in hearing ability
- A report from a medical practitioner confirming the injury meets the 'threshold injury' definition under the Motor Accident Guidelines
SIRA requires evidence that the injury resulted from a motor vehicle accident. For example, if you suffered hearing loss after a car crash where the force of impact caused damage to your ear, this would qualify. However, injuries from non-vehicle incidents (e.g., a fall) may not be covered.
How SIRA Assesses Noise-Induced Hearing Loss Claims
SIRA evaluates claims based on the Motor Accident Guidelines, which define 'threshold injury' as an injury that requires medical treatment. For hearing loss, this typically means:
- A significant reduction in hearing ability (e.g., a 25dB or greater loss in one or more frequency ranges)
- Evidence of a direct causal link between the accident and the injury
- Documentation of treatment received (e.g., hearing aids, therapy)
Claims for noise-induced hearing loss must be submitted within 52 weeks of the accident. After this period, weekly benefits for threshold injuries are generally limited under the MAIA. However, if your injury meets the 'whole person impairment' threshold (e.g., permanent hearing damage affecting daily life), you may still be eligible for long-term compensation.
Early Steps After an Acoustic Trauma Injury
If you've experienced hearing loss from a road accident, take these actions immediately:
- Seek medical attention - Visit a doctor or audiologist within 24 hours to document the injury. Delayed treatment may affect your claim.
- Preserve accident details - Keep records of the incident, including police reports, witness statements, and photos of the scene.
- Notify your insurer - Contact the at-fault driver's CTP insurer (usually through SIRA's online portal) to start the claim process.
- Request a medical report - Ask your doctor to prepare a report linking your hearing loss to the accident, including audiogram results and treatment history.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident. If you miss this deadline, you may lose your right to claim weekly benefits for threshold injuries. However, if your injury is severe enough to meet the 'whole person impairment' threshold (e.g., permanent hearing damage), you may still pursue compensation for long-term effects.
If your claim is disputed, you can request a review by SIRA or seek independent medical advice. It's important to act quickly, as delays can jeopardize your ability to claim.
When to Seek Legal Advice
While this article provides general guidance, each CTP claim is unique. Factors like the accident date (before or after 1 December 2017), the severity of your injury, and the at-fault driver's insurance status can affect your options. For personalized advice, complete the quick, no obligation enquiry form to request contact about your circumstances.
Every claim depends on its own facts. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.