Hearing Loss Due to Acoustic Trauma in NSW CTP Claims
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 have suffered hearing loss caused by acoustic trauma in a motor vehicle accident in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. Acoustic trauma refers to damage to the ear caused by loud noises, such as those from a car crash, airbag deployment or sudden loud noises. This article explains how such injuries are assessed in NSW CTP claims, with practical examples from Greater Sydney.
How SIRA Evaluates Claims Involving Hearing Loss
The NSW State Insurance Regulatory Authority (SIRA) administers the CTP scheme. When assessing claims for hearing loss caused by acoustic trauma, SIRA considers:
- Medical evidence confirming the injury, such as audiograms, hearing tests and specialist reports.
- Causation, whether the injury was caused by the accident.
- Severity, whether the injury meets the threshold for compensation under the Motor Accident Injuries Act 2017.
SIRA does not typically pay for minor injuries. To qualify for compensation, the injury must meet the threshold injury definition, which includes injuries that result in a whole person impairment of 10% or more. Hearing loss caused by acoustic trauma may fall within this category if it results in significant functional impairment.
Practical Examples of Hearing Loss Claims in Greater Sydney
In Greater Sydney, claims for hearing loss caused by acoustic trauma have been accepted when:
- The injury was caused by a sudden loud noise, such as an airbag deployment or a car crash.
- The claimant has evidence of a pre-existing condition that was not worsened by the accident.
- The claimant has a confirmed diagnosis of hearing loss from a qualified audiologist or ENT specialist.
For example, a motorcyclist who suffered hearing loss after an airbag deployed during a collision may have a valid claim. The key evidence would include the medical report confirming the injury and evidence that the injury was caused by the accident.
Time Limits and Dispute Options
You have a limited time to make a CTP claim. Under the Motor Accident Injuries Act 2017, you must notify the insurer within 52 weeks of the accident. If you fail to do so, you may lose your right to claim.
If your claim is disputed, you may need to seek legal advice. SIRA provides a process for resolving disputes, including mediation and formal review. However, it is important to act quickly to ensure your claim is processed in a timely manner.
When to Seek Legal Advice
If you are unsure whether your hearing loss qualifies for compensation, or if your claim has been rejected, it is important to seek legal advice. A solicitor can help you understand your options and ensure that your claim is properly prepared.
Next Steps
CTP claims involving hearing loss caused by acoustic trauma can be complex. The key to a successful claim is to have accurate and complete evidence. If you have suffered hearing loss due to an accident, it is important to seek legal advice as soon as possible. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.