Understanding Hearing Loss Claims in NSW CTP
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 NSW, including as a result of acoustic trauma from crash forces, airbag deployment or loud noise, you may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. This claim is not automatic and depends on establishing a direct link between the accident and the injury. The focus for any claim is on clear medical evidence and documented records that show the injury occurred during the accident and has caused measurable impact on your daily life.
What Medical Evidence Is Required for Acoustic Trauma
To support a claim for hearing loss caused by acoustic trauma, you must obtain and retain specific medical evidence. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the legal framework for compensation in NSW. Under this framework, you must demonstrate that the hearing loss is a direct result of the motor accident, not pre-existing or unrelated to the incident.
The most critical evidence is a formal audiometric assessment conducted by a qualified audiologist or medical practitioner. This test must be performed as soon as possible after the accident, ideally within days, to establish baseline hearing function. The report should include detailed results showing changes in hearing thresholds across frequencies, particularly in the high-frequency range, which is most commonly affected by acoustic trauma.
You must also obtain a medical report from a specialist, such as an ear, nose and throat (ENT) physician or neurologist, confirming that the hearing loss is consistent with acoustic trauma and not due to another cause. The report should reference the nature of the accident, including the presence of loud noise, airbag deployment, or impact forces, and explain how these factors could have caused the injury.
Records to Preserve for Your CTP Claim
Beyond medical assessments, several other records are essential to support your claim. These include:
- A copy of the police report or accident report, if one was filed at the scene. This may contain details about the impact force, airbag deployment, or noise levels.
- Photographs taken at the scene or of the vehicle, showing damage that may correlate with loud impact forces.
- Witness statements, if available, describing the sound of the crash or airbag deployment.
- A record of all medical appointments related to your hearing, including follow-up assessments and treatment.
- A diary or log of symptoms, including tinnitus, difficulty understanding speech, or hyperacusis, which may help establish the ongoing impact of the injury.
- Any correspondence with your insurer, including notifications of injury and requests for benefits.
SIRA, the State Insurance Regulatory Authority, confirms that all evidence must be preserved and submitted in a timely manner. Delays in reporting or failing to retain documentation may weaken your claim.
Time Limits and Procedural Requirements
There are time limits that apply to motor accident claims in NSW. You must notify your insurer of the injury within 6 months of the accident, or within 6 months of becoming aware of the injury, whichever is later. This is a strict requirement under the Motor Accident Injuries Act 2017.
If you are claiming for treatment and care benefits, weekly income payments, or damages, you must also meet the statutory thresholds for injury severity. For hearing loss, this means the injury must be more than minor and must result in a whole person impairment (WPI) of at least 5%. The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines define how WPI is assessed, including for auditory system injuries.
If your hearing loss is determined to be a threshold injury, you may still be eligible for treatment and care benefits and weekly payments, but damages may be limited. The Act provides that damages are not available for claims where the only injuries are threshold injuries, unless a higher threshold is met.
When to Seek Independent Advice
If you are unsure whether your hearing loss qualifies as a compensable injury under the CTP scheme, or if your insurer has denied a claim, it is advisable to seek independent legal advice. An experienced solicitor can review your medical records, assess the strength of your evidence, and help you determine whether to proceed with a claim for damages or seek review of a decision.
A hypothetical example: A driver in Ballina was involved in a head-on collision where the airbag deployed forcefully. Within 48 hours, they reported tinnitus and reduced hearing. An audiogram conducted three days later showed a 35 dB hearing loss at 4, 000 Hz, consistent with acoustic trauma. The ENT report confirmed no pre-existing hearing loss and linked the injury to the crash. This evidence supported a successful claim for treatment and care benefits and a damages award for permanent hearing impairment.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.