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 a car accident in Albury, 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 to proceed with a claim.
How SIRA Assesses Hearing Loss Claims
SIRA evaluates hearing loss claims based on the Motor Accident Guidelines and the severity of the injury. Acoustic trauma caused by crash forces or airbags may qualify as a threshold injury under the scheme. To determine eligibility, SIRA considers:
- Medical evidence confirming the injury (e.g., audiograms, ENT reports)
- The cause of the injury (e.g., direct impact, airbag deployment)
- Whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines
Evidence Needed for Acoustic Trauma Claims
Proving a hearing loss claim requires specific evidence:
- Medical records showing a diagnosis of acoustic trauma or hearing loss
- Documentation linking the injury to the accident (e.g., accident report, witness statements)
- Audiological test results demonstrating the extent of the hearing impairment
- Expert opinion from a medical practitioner confirming the injury's cause and impact
Can You Claim Compensation for Hearing Loss?
Yes, but eligibility depends on:
- The injury being a direct result of the motor accident
- The injury meeting the threshold injury criteria
- The claim being submitted within the 52-week statutory period for benefits
How Acoustic Trauma is Classified
SIRA classifies acoustic trauma under the 'hearing loss' category in the Motor Accident Guidelines. Injuries must meet specific criteria, such as:
- A significant reduction in hearing ability
- Evidence of damage to the ear's structure or function
- A link between the injury and the accident
Practical Steps for Claiming Hearing Loss
- Seek immediate medical attention to document the injury
- Obtain a detailed medical report from a specialist
- Gather accident details (e.g., police report, witness statements)
- Submit a claim to the at-fault driver's insurer within 52 weeks
- Consider seeking independent medical advice if your claim is disputed
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident. If your injury is classified as a threshold injury, benefits may be limited after this period. If your claim is denied, you can:
- Request a review from SIRA
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor for further options
When to Seek Legal Advice
Contact a legal professional if:
- Your injury is not clearly classified as a threshold injury
- You're unsure about the strength of your claim
- You need help navigating the claims process
If you're in Albury and have questions about your hearing loss claim, complete the quick, no obligation enquiry form to request contact about your circumstances.