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).
Hearing loss resulting from acoustic trauma during a motor accident may be compensable under NSW’s Compulsory Third Party (CTP) insurance scheme. If you have experienced sudden hearing loss, tinnitus, or ear pain following a crash, whether from airbag deployment, impact forces, or noise exposure, you may be entitled to support through the CTP system. This includes treatment and care benefits, weekly income payments, and in some cases, damages for permanent impairment. The Motor Accident Injuries Act 2017 (MAIA) governs these claims, and eligibility depends on the nature of the injury, the timing of medical assessment, and whether the injury meets the legal threshold for compensation. Immediate steps, such as seeking medical evaluation and preserving evidence, are critical to supporting a claim.
The CTP scheme in NSW provides statutory benefits for injuries sustained in motor accidents, including those caused by acoustic trauma. Under the MAIA, you may be entitled to treatment and care benefits to cover medical, rehabilitation, and allied health services related to hearing loss. These benefits are available regardless of fault, provided the injury occurred in a motor accident involving a motor vehicle registered in NSW or a vehicle that was in use on NSW roads. The scheme covers drivers, passengers, pedestrians, cyclists, and motorcyclists who sustain injury in a motor accident, including those occurring in private driveways or car parks, if the vehicle was being used in connection with a road-related activity.
To claim for hearing loss, you must establish a direct link between the accident and the injury. This means obtaining medical evidence that confirms the onset of hearing loss or tinnitus occurred shortly after the accident and that it is not attributable to pre-existing conditions. A specialist assessment by an audiologist or ear, nose and throat (ENT) physician is typically required. The assessment must document the type and extent of hearing loss, including audiometric testing results, and determine whether the injury is due to acoustic trauma, such as from a loud noise during a crash or airbag deployment, rather than a separate medical condition.
Evidence that supports a CTP claim for hearing loss includes:
- A medical report from an audiologist or ENT specialist confirming the diagnosis and timing of the injury
- Audiometry test results showing a measurable change in hearing thresholds
- A record of symptoms such as tinnitus, dizziness, or ear pain following the accident
- Photographs of the vehicle, airbag deployment, or scene of the accident, if available
- Witness statements describing loud noises during or immediately after the crash
- A police report or accident report, if one was completed
- Records of any delay in receiving medical care, including the date of first consultation
SIRA (the State Insurance Regulatory Authority) administers the CTP scheme in NSW and oversees claims. It does not determine fault but assesses whether an injury qualifies for benefits under the MAIA. For hearing loss, SIRA uses the Motor Accident Guidelines to assess whether the injury constitutes a threshold injury. A threshold injury requires that the injury causes a permanent impairment of at least 10% whole person impairment (WPI) as assessed under the guidelines. If the hearing loss results in a WPI of 10% or more, and it is not solely due to a pre-existing condition, you may be eligible to claim damages in addition to statutory benefits.
A key point under the MAIA is that if your only injuries from the accident are threshold injuries, weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. This means that if hearing loss is the only injury and it does not improve significantly within that period, further benefits may not be available unless a claim for damages is pursued. However, if the hearing loss is accompanied by other injuries that are not threshold injuries, for example, a neck injury or psychological trauma, benefits may continue beyond 52 weeks.
A common mistake is assuming that hearing loss from a crash is automatically compensable. The law requires that the injury be caused by the motor accident and not due to a pre-existing condition. If you had prior hearing issues, the insurer may dispute the claim’s link to the accident. Therefore, it is essential to seek medical assessment as soon as possible after the crash, ideally within days, to establish a clear causal connection.
If you are unsure whether your hearing loss qualifies for compensation, or if you have been denied benefits, you may request a review from SIRA or seek independent advice. Disputes over eligibility, impairment rating, or benefit duration can be resolved through the SIRA dispute resolution process or, if necessary, through the NSW Civil and Administrative Tribunal (NCAT).
A realistic example: A pedestrian was struck by a car while crossing a road in Sydney. The impact caused a loud noise, and the person reported immediate hearing loss and ringing in the ears. They saw an ENT specialist within 10 days, who confirmed a sensorineural hearing loss consistent with acoustic trauma. The audiometry results showed a 25% reduction in hearing in the left ear. The claim was accepted under the CTP scheme, and the person received treatment and care benefits, weekly payments, and later, damages for a 12% WPI due to the hearing loss.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.