Immediate actions after a motor accident causing hearing loss
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 have experienced hearing loss following a motor accident in Bathurst, the first priority is to seek medical attention. Hearing loss from a motor accident may result from acoustic trauma due to sudden loud noise, such as from airbag deployment, vehicle collision impact, or a tyre explosion. Prompt medical assessment is essential to document the injury and determine its cause. You should contact a medical practitioner, such as an ear, nose and throat specialist (ENT), as soon as possible. Do not delay seeking treatment, as delays may affect the ability to link the hearing loss to the accident.
You must also report the accident to the relevant insurer. If you were a driver, passenger, pedestrian, cyclist, or motorcyclist involved in a motor vehicle accident in Bathurst, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. Notify the CTP insurer of the accident as soon as practical. You can do this by contacting the insurer directly or through the SIRA claims portal. Failure to notify within a reasonable time may affect your claim.
How SIRA assesses claims for hearing loss under the CTP scheme
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in New South Wales. Under the Motor Accident Injuries Act 2017, you may be eligible for statutory benefits if your hearing loss is caused by a motor accident. These benefits include treatment and care, weekly income payments, and, in some cases, damages.
SIRA assesses claims for hearing loss based on medical evidence and the Motor Accident Guidelines. The guidelines define a threshold injury as a serious injury that limits a person’s capacity to function normally. Hearing loss may qualify as a threshold injury if it results in a whole person impairment (WPI) of at least 10%. However, not all hearing loss meets this threshold. The assessment considers whether the hearing loss is permanent, whether it affects daily activities, and whether it is linked to the accident through medical evidence.
Acoustic trauma is recognised as a potential injury under the CTP scheme. The injury must be caused by the accident, not pre-existing conditions. SIRA may require an independent medical assessment to determine the extent and cause of the hearing loss. If the injury is not a threshold injury, you may still receive treatment and care benefits and weekly income payments, but you will not be eligible for damages.
Evidence needed to support a CTP claim for acoustic trauma
To support a CTP claim for hearing loss, you must provide clear and consistent evidence linking the injury to the motor accident. The following documents are typically required:
- A medical report from an ENT specialist or audiologist detailing the diagnosis, severity, and likely cause of the hearing loss.
- Audiometry test results showing the degree of hearing loss before and after the accident.
- A record of any treatment received, including medication, hearing aids, or counselling.
- A statement from a medical practitioner confirming that the hearing loss is a result of the accident and not due to noise exposure prior to the incident.
- Photographs of the accident scene, if available, and any damage to the vehicle that may indicate loud noise exposure.
- Witness statements, if anyone observed the airbag deploying or heard a loud noise at the time of impact.
You should keep all original records and avoid altering or destroying any evidence. If you were not wearing hearing protection at the time of the accident, this may be relevant to the claim, but it does not prevent you from claiming.
Time limits and dispute options
There are time limits for making a CTP claim. You must notify the CTP insurer within 3 years of the accident date. However, it is best to notify as soon as possible to avoid delays. If you are seeking damages, you must file a claim within 3 years of the accident, or within 3 years of when you first became aware of the injury, whichever is later.
If your claim is denied or you disagree with the insurer’s assessment, you may request a review. You can apply to SIRA for a review of the decision, or you may seek an external review through the Civil and Administrative Tribunal (NCAT). You may also seek legal advice to explore options for dispute resolution.
A hypothetical example: A cyclist in Bathurst was struck by a car in a collision that caused the airbag to deploy. The cyclist reported immediate ringing in the ears and reduced hearing. After a medical assessment, the audiologist confirmed a 30% hearing loss in the left ear, which was determined to be caused by acoustic trauma from the airbag. The claim was accepted under the CTP scheme, and the cyclist received treatment and care benefits, as well as a damages award for the permanent impairment.
Next steps and when to seek advice
Every claim depends on its own facts. The availability of compensation for hearing loss from a motor accident depends on the nature of the injury, the medical evidence, and the timing of the claim. If you were injured in Bathurst, it is important to act quickly to preserve your rights.
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