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 vehicle accident may be compensable under the NSW Compulsory Third Party (CTP) insurance scheme. This includes injuries caused by sudden loud noises from airbag deployment, vehicle impact, or explosion. Claims on the Central Coast follow the same legal framework as elsewhere in NSW, but outcomes depend on medical evidence, timing of treatment, and whether the injury meets the statutory threshold for damages. The Motor Accident Injuries Act 2017 governs entitlements, and the State Insurance Regulatory Authority (SIRA) administers the scheme. Not every hearing loss will qualify for damages, and the nature of the injury must be established through objective testing and clinical assessment.
The CTP scheme provides benefits for motor accident injuries, including hearing loss from acoustic trauma. These benefits fall into three categories: treatment and care benefits, weekly income payments, and damages for pain and suffering. Treatment and care benefits cover medical treatment, including audiological assessments and hearing aids. Weekly income payments may apply if hearing loss affects the ability to work. However, damages are only available if the injury meets the statutory threshold for a permanent impairment, or if it is a threshold injury (such as a soft-tissue injury) that results in a whole person impairment (WPI) of 10% or more.
Acoustic trauma is not automatically considered a threshold injury. SIRA assesses whether the hearing loss is caused by a physical impact to the head or ear, or by exposure to a sudden, intense sound. For example, a claimant who experiences temporary or permanent hearing loss after an airbag deploys during a crash may have a valid claim. The injury must be linked to the accident through medical evidence, including audiograms taken within a reasonable time after the incident. A pre-accident hearing test may be used to establish baseline hearing, and a follow-up test after the accident may show a measurable change. The presence of tinnitus, dizziness, or vertigo may also support a claim, particularly if they are linked to inner ear damage.
Evidence that supports a CTP claim for hearing loss includes:
- A medical report from an audiologist or ear, nose and throat (ENT) specialist detailing the nature and extent of the hearing loss
- Audiometric test results showing a change in hearing thresholds, particularly in the high-frequency range
- Documentation of symptoms such as tinnitus, hyperacusis, or difficulty understanding speech in noisy environments
- A record of treatment, including fitting of hearing aids or participation in auditory rehabilitation
- A statement from the claimant describing the noise level at the time of the accident, such as airbag deployment or impact noise
- Photographs or video of the vehicle interior, if available, showing airbag deployment
On the Central Coast, claimants have successfully obtained CTP benefits for hearing loss following crashes on major roads such as the Pacific Highway, Tuggerah Lakes Road, and the Central Coast Highway. In one example, a 42-year-old driver in Tuggerah experienced sudden hearing loss in the right ear after a head-on collision. An audiogram taken three days later showed a 40-decibel loss in the high frequencies. The claimant had no history of hearing problems and was not exposed to loud noise prior to the accident. The claim was accepted for treatment and care benefits, and a WPI of 12% was assessed due to permanent tinnitus and partial hearing loss. The claimant was later awarded damages after a review confirmed the injury met the threshold for a permanent impairment.
Time limits apply. A claim for CTP benefits must generally be made within three years of the accident date. For damages, a claim must be issued within three years, or the right to claim may be lost. However, if the injury is not immediately apparent, the time limit may begin when the claimant first knew or ought to have known of the injury. This is particularly relevant for hearing loss, which may not be detected until weeks or months after the accident. It is essential to seek medical assessment as soon as symptoms arise.
Disputes may arise if the insurer questions the link between the accident and the hearing loss, or if the WPI assessment is challenged. In such cases, a review by SIRA may be sought, or an independent medical assessment may be arranged. Claimants may also request a review of a decision to deny benefits. It is important to keep all medical records, correspondence with the insurer, and documentation of any impact on daily life or work.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.