Hearing Loss Claims After Acoustic Trauma in Western Sydney
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 suffered hearing loss from acoustic trauma in a motor accident in Western Sydney, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how SIRA assesses hearing loss claims, what evidence is needed, and how Western Sydney claims differ from rural areas.
How SIRA Assesses Hearing Loss Claims
SIRA evaluates hearing loss claims based on the Motor Accident Guidelines and the Motor Accident Injuries Act 2017. To qualify, the injury must be caused by the accident and fall within the 'threshold injury' definition. For acoustic trauma, this typically requires:
- A documented hearing loss (e.g., audiogram results)
- Evidence of trauma from the accident (e.g., airbag deployment, crash forces)
- A medical report linking the injury to the incident
SIRA may also consider the severity of the hearing loss and whether it impacts daily activities, such as work or communication.
Practical Steps and Evidence for CTP Claims
To support your claim, gather:
- Medical records showing the injury and its cause
- Police or accident reports
- Witness statements or photos of the scene
- Proof of income if the injury affects your ability to work
For acoustic trauma, a specialist audiologist's report is crucial. Ensure your medical team documents the trauma's connection to the accident, as this is central to proving the claim.
Western Sydney vs. Rural CTP Claims
Western Sydney claims often involve quicker access to specialists and clearer documentation, but rural claims may face delays in processing. SIRA's approach is consistent across regions, but rural claimants may need to advocate more for timely assessments. Always confirm the injury meets the 'threshold injury' criteria, as this affects benefit eligibility.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim benefits for threshold injuries. If your hearing loss is severe or requires long-term treatment, seek legal advice immediately. Delays can reduce compensation or lead to disputes over eligibility.
Example: Acoustic Trauma from Airbag Deployment
A pedestrian hit by a car with a faulty airbag may suffer hearing loss from the force of deployment. Medical records showing trauma to the ear and a link to the accident are essential. SIRA would assess whether the injury meets the threshold criteria and whether benefits apply.
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.