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 acoustic trauma in a motor accident in NSW, you may be wondering whether you can claim compensation under the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP scheme evaluates claims for hearing loss caused by trauma from crashes, airbags or other accident forces. It covers what evidence is needed, how SIRA assesses claims, and key legal limits under the Motor Accident Injuries Act 2017.
How the NSW CTP Scheme Handles Hearing Loss Claims
The CTP scheme covers injuries caused by motor vehicle accidents, including hearing loss from acoustic trauma. Under the Motor Accident Injuries Act 2017, injuries must meet specific criteria to qualify for benefits. SIRA (State Insurance Regulatory Authority) assesses claims based on medical evidence and the Motor Accident Guidelines. For example, a sudden hearing loss caused by a loud noise from an airbag deployment may be considered a threshold injury, which is eligible for statutory benefits.
What Evidence Supports a CTP Claim for Acoustic Trauma?
To claim compensation for hearing loss from acoustic trauma, you'll need:
- A medical report confirming the injury was caused by the accident
- Evidence linking the trauma to the accident (e.g., ambulance records, witness statements)
- Documentation of how the injury affects your daily life or work
SIRA requires clear evidence that the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. This includes injuries like sudden sensorineural hearing loss or tinnitus caused by acoustic trauma.
Key Legal Limits for Acoustic Trauma Claims
Not all hearing loss claims qualify for compensation. Under the Motor Accident Injuries Act 2017:
- Only injuries meeting the 'threshold injury' definition are eligible for statutory benefits
- If your only injuries are threshold injuries, benefits like weekly payments stop after 52 weeks
- SIRA may reject claims where the injury doesn't meet specific clinical criteria (e.g., no documented hearing test results)
For example, a claimant who suffered temporary hearing loss after a car crash may receive treatment benefits but not long-term compensation if the injury doesn't meet the threshold.
When to Seek Legal Advice
The 52-week limit for benefits means some injured people may miss out on compensation if their claim isn't resolved promptly. If your hearing loss is due to acoustic trauma and you're unsure about your eligibility, it's important to seek legal advice before the 52-week period ends. A lawyer can help you understand whether your injury meets the legal criteria for compensation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.