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 motor accident in Newcastle or Hunter, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how the scheme assesses claims for injuries caused by noise exposure, such as explosions or loud machinery, and outlines the practical steps to take.
What Injuries from Acoustic Trauma Qualify for CTP Benefits?
The NSW CTP scheme covers injuries caused by motor vehicle accidents, including those from acoustic trauma. To qualify, your hearing loss must be a direct result of the accident. This includes injuries from:
- Explosions or loud noises during a collision
- Airbag deployment causing ear trauma
- Prolonged exposure to loud machinery in a vehicle
SIRA (State Insurance Regulatory Authority) evaluates claims based on medical evidence. For example, a person who suffered hearing loss after an explosion at a car park would need a medical report confirming the injury is linked to the accident.
How SIRA Assesses Hearing Loss Claims
SIRA uses the Motor Accident Guidelines to determine if your injury meets the threshold for benefits. For acoustic trauma, this involves:
- Medical Documentation: A specialist audiologist must confirm the hearing loss is due to noise exposure. This includes audiograms and clinical notes.
- Link to the Accident: Your doctor must explicitly connect the injury to the motor accident. For instance, if you were in a car that collided with a delivery truck, the noise from the impact must be shown to have caused your injury.
- Impairment Rating: If your injury results in a whole person impairment (WPI) of 10% or more, you may be eligible for additional compensation.
Documentation Needed for Acoustic Trauma Claims
To support your claim, gather:
- Medical Records: Detailed reports from audiologists or ENT specialists.
- Accident Report: Police or SIRA-formatted report confirming the incident.
- Witness Statements: Accounts from others who heard the noise or saw the trauma.
- Photographs: Of the accident scene, damaged vehicles, or visible injuries.
- Income Records: If your hearing loss affects your ability to work, provide payslips or employment details.
Regional Considerations in Newcastle and Hunter
While the CTP scheme applies uniformly across NSW, claims in Newcastle and Hunter may involve:
- Local SIRA Offices: Claims are processed by the Newcastle or Hunter SIRA office, which may have specific procedures.
- Workplace Injuries: If the trauma occurred at a factory or construction site, additional workplace safety records may be required.
- Community Resources: Local clinics in these areas may have specialists experienced in noise-related injuries.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim benefits for threshold injuries. If your injury is not a threshold injury, you may need to wait longer for compensation. If your claim is disputed, you can:
- Request a review from SIRA
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor for legal representation
When to Seek Advice
If your hearing loss is severe or you're unsure about your eligibility, contact a legal professional. Claims involving acoustic trauma can be complex, especially if the injury resulted from indirect noise exposure, such as a car crash causing a loud vibration.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.