Hearing loss claims after road accidents: Early steps for NSW road users
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 road accident involving a motor vehicle in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. Acoustic trauma caused by crash forces, airbags or loud noises during an accident can result in permanent or temporary hearing damage. This article explains the early steps to take after a road accident involving hearing loss, how the NSW CTP scheme handles such claims, and what evidence is needed to support your claim.
Understanding CTP claims for hearing loss
The NSW CTP scheme provides compensation for injuries caused by motor vehicle accidents, including hearing loss. Under the Motor Accident Injuries Act 2017, injuries must meet specific criteria to qualify for benefits. For example, 'threshold injuries', which include hearing loss, are defined as injuries that result in a whole person impairment (WPI) of 10% or more, or require treatment and care. However, not all hearing loss claims will qualify for compensation. SIRA (State Insurance Regulatory Authority) assesses each claim based on medical evidence and the specific circumstances of the accident.
If your hearing loss is caused by acoustic trauma, such as damage to the ear from loud noises during a crash, you may be eligible for treatment and care benefits, weekly income payments, or lump sum compensation depending on the severity and permanence of the injury. It's important to note that the CTP scheme does not cover all types of hearing loss. For example, hearing loss caused by pre-existing conditions or unrelated factors may not qualify.
Practical steps after a road accident with hearing loss
If you've suffered hearing loss in a road accident, take the following steps immediately:
- Seek medical attention, Visit a medical practitioner or audiologist to document your injury. Medical records are critical evidence for CTP claims. Ensure your doctor records the cause of the injury and its impact on your hearing.
- Preserve accident details, Gather information about the accident, including the date, time, location, and any witnesses. If you were involved in a car crash, obtain the police report and any documentation from the other driver's insurance company.
- Notify the at-fault driver's insurer, The CTP insurer must be informed of your injury within 52 weeks of the accident. Delays beyond this period may affect your ability to claim benefits.
- Keep records of your injury's impact, Document how your hearing loss affects your daily life, such as difficulty hearing conversations, work-related challenges, or the need for hearing aids. This evidence helps support your claim for compensation.
Evidence needed for a CTP hearing loss claim
To support your CTP claim for hearing loss, you'll need:
- Medical records, Including audiograms, specialist reports, and records of any treatment received.
- Accident reports, Police reports, witness statements, and any documentation from the scene.
- Income records, If your hearing loss affects your ability to work, provide evidence of lost income or reduced earning capacity.
- Expert opinion, A medical practitioner must confirm that your hearing loss is a direct result of the road accident and meets the threshold injury criteria under the Motor Accident Guidelines.
Time limits and disputes
CTP claims must be made within 52 weeks of the accident. If your injury is a 'threshold injury', such as hearing loss caused by acoustic trauma, benefits like weekly income payments may be limited after 52 weeks. However, this does not mean you cannot claim compensation for permanent hearing loss. The CTP scheme also allows for lump sum claims for injuries that result in long-term or permanent impairment.
If your claim is disputed by the insurer, you may need to request a review through SIRA or seek legal advice. SIRA provides a free claims assistance service to help injured people understand their options and navigate the process.
When to seek legal advice
While the CTP scheme provides a pathway for compensation, each claim is unique. Factors such as the severity of your injury, the circumstances of the accident, and the evidence you provide will determine whether you are entitled to benefits. If you're unsure about your claim's viability or need help with the process, it's advisable to consult a solicitor who specialises in NSW CTP claims.
Next steps for injured road users
If you've suffered hearing loss from a road accident in NSW, take action as soon as possible. Seek medical attention, preserve evidence, and notify the at-fault driver's insurer within 52 weeks. Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.