Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 acoustic trauma in a road accident, early action is critical to securing NSW CTP compensation. Acoustic trauma, such as damage from crash forces or airbags, can cause permanent hearing loss, and the NSW Motor Accident Injuries Act 2017 governs claims for such injuries. Rural and remote road users face unique challenges, including limited access to specialists and delays in medical assessment. This article explains the first steps to take, what evidence matters, and how to navigate the CTP scheme.
The NSW CTP scheme and acoustic trauma claims
Under the Motor Accident Injuries Act 2017, the NSW government’s State Insurance Regulatory Authority (SIRA) administers CTP claims. Acoustic trauma injuries fall under the scheme’s coverage if they meet the 'threshold injury' criteria outlined in the Motor Accident Guidelines. This includes hearing loss caused by sudden, intense noise during a crash. However, the injury must be confirmed by a medical practitioner as resulting from the accident, not pre-existing conditions.
Immediate steps after an acoustic trauma injury
- Seek urgent medical attention. A doctor must document the injury, ideally with an audiogram or other hearing test. Delaying medical care may jeopardise your claim, as the injury must be directly linked to the accident.
- Preserve evidence of the accident. Record details like the time, location, vehicle involved, and any witnesses. In rural areas, where police response may be delayed, take photos of the scene and note any environmental factors (e.g., road conditions).
- Notify SIRA promptly. The CTP scheme requires a claim to be submitted within 52 weeks of the accident. For rural claimants, this deadline is strict, as delays can result in benefits being denied.
Special considerations for rural/remote NSW
Rural road users may face barriers like limited access to audiologists or specialists. If you’re in a remote area, consider using telehealth services to obtain a medical report. SIRA may also require evidence of attempts to access local healthcare before seeking specialist care. Ensure all documentation is submitted as soon as possible, even if you’re awaiting further tests.
Time limits and dispute resolution
If your injury is classified as a 'threshold injury' (e.g., hearing loss without significant impairment), benefits under the CTP scheme may stop after 52 weeks. However, if your injury meets the 'whole person impairment' threshold (e.g., permanent hearing loss requiring a hearing aid), you may be eligible for ongoing support. Disputes over injury severity can arise, so it’s important to consult a legal professional if your claim is rejected.
Example: A rural cyclist’s claim
Consider a cyclist in a remote area who sustains hearing loss from an airbag during a collision. The first step is to visit a local GP for an initial assessment. If the GP refers the case to a specialist, ensure all records are submitted to SIRA within the 52-week window. If the claim is denied, the injured person may need to provide additional evidence, such as a specialist’s opinion linking the injury to the accident.
When to seek legal advice
While SIRA handles most claims, complex cases, such as disputes over injury severity or rural-specific delays, may require a solicitor. A lawyer can help challenge a rejection, ensure all evidence is properly submitted, and navigate the 52-week deadline.
Final steps for rural claimants
In rural NSW, the key to a successful CTP claim is acting quickly and documenting everything. Ensure you have a clear medical record, preserve accident evidence, and submit your claim to SIRA within 52 weeks. If you face challenges accessing services, contact SIRA early to explain your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.