Hearing Loss and 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've suffered hearing loss due to acoustic trauma from a motor vehicle accident in NSW, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. The NSW Motor Accident Injuries Act 2017 and SIRA guidelines determine whether your injury qualifies for benefits. This article explains how the CTP scheme assesses hearing loss claims, what evidence is needed, and the steps to take in Balmain.
How the CTP Scheme Covers Hearing Loss
The CTP scheme covers injuries caused by motor vehicle accidents, including hearing loss from acoustic trauma. Acoustic trauma refers to damage to the ear caused by loud noises, such as those from car crashes, airbags, or sudden decibel spikes. Under the Motor Accident Injuries Act 2017, injuries must meet the 'threshold injury' criteria to qualify for benefits. SIRA (State Insurance Regulatory Authority) evaluates whether your hearing loss meets these criteria using clinical guidelines.
To be eligible, your injury must result directly from the accident. For example, if a car crash caused a sudden loud noise that damaged your ears, this could qualify. However, injuries from non-accident-related causes, such as prolonged exposure to loud music, are not covered.
Evidence Needed for a Hearing Loss Claim
To support your claim, you'll need:
- Medical evidence: A doctor's report confirming your hearing loss and linking it to the accident. Audiograms (hearing tests) are crucial.
- Accident details: Police reports, witness statements, or dashcam footage showing the incident.
- Medical records: Documentation of treatment, including consultations with audiologists or ENT specialists.
- Income records: If your injury affects your ability to work, proof of lost wages may be required.
SIRA uses the Motor Accident Guidelines to assess the severity of hearing loss. For example, a 20-dB hearing loss in one ear may qualify as a threshold injury, while more severe losses may fall under the 'whole person impairment' category, which could entitle you to higher compensation.
Steps to Take After a Hearing Loss Injury
- Seek immediate medical attention: Visit a doctor or audiologist to document your injury. Delaying treatment may weaken your claim.
- Preserve evidence: Keep all medical records, accident reports, and correspondence with insurers.
- Notify your insurer: If you're insured under the CTP scheme, inform your insurer about the injury. SIRA manages claims for most NSW drivers.
- Review your claim: SIRA will assess your injury against the guidelines. If you disagree with their decision, you can appeal to the NSW Civil and Administrative Tribunal (NCAT).
Time Limits and Dispute Options
You have 5 years from the date of the accident to file a claim under the CTP scheme. However, if your injury is classified as a 'threshold injury' (e.g., mild hearing loss), benefits may stop after 52 weeks under the 52-week statutory benefit rules. More severe injuries may qualify for long-term payments.
If your claim is denied, you can dispute the decision by lodging an appeal with NCAT. It's important to act quickly, as delays can affect your ability to challenge a decision.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as those involving workers' compensation overlap, lifetime care needs, or disputes over injury severity, may require legal assistance. A solicitor can help you navigate the process, ensure you receive all entitled benefits, and challenge unfair decisions.
Conclusion
Hearing loss caused by acoustic trauma in a motor vehicle accident is covered under NSW CTP claims, but the process depends on the injury's severity, evidence, and the date of the accident. Every claim is unique, and time limits apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.