Hearing loss caused by acoustic trauma in a motor accident may be compensable under NSW's Compulsory Third Party (CTP) insurance scheme. To qualify, the injury must be directly linked to the accident and meet specific legal criteria. This article explains how to assess your claim, what evidence is needed, and time limits to consider.
What is Acoustic Trauma and How Does It Qualify?
Acoustic trauma refers to damage to the ear caused by sudden, loud noises like those from a vehicle collision, airbag deployment, or fuel tank explosion. Under the Motor Accident Injuries Act 2017 (MAIA), hearing loss from such trauma may be compensable if it meets the legal definition of a 'threshold injury' or exceeds it. Threshold injuries include soft tissue injuries and certain psychological conditions, but not all hearing loss qualifies. A medical assessment is required to determine if the injury meets the criteria.
What Can You Claim?
If your hearing loss is classified as a threshold injury, you may be eligible for:
- Treatment and care benefits (e.g., medical treatment, therapy)
- Weekly income payments if the injury prevents you from working
To claim damages for pain and suffering, the injury must exceed the threshold. This typically requires a whole person impairment (WPI) of at least 10% or specific clinical findings, such as a permanent hearing loss of 30 dB or more in the high-frequency range.
What Evidence Is Needed?
To support your claim, you'll need:
- A medical report from a registered practitioner confirming the injury is linked to the accident
- Audiometric test results showing measurable hearing loss
- Documentation of symptoms like tinnitus (ringing in the ears) or hyperacusis (sensitivity to sound)
- Evidence of the accident's noise level, such as witness statements or video footage
- Records of any treatment received, including hearing aids or medication
Time Limits for Claims
You must notify the CTP insurer within 6 months of the accident or 6 months of discovering the injury, whichever is later. If you seek damages, legal proceedings must start within 3 years of the accident date. Missing these deadlines may bar your claim.
What If Your Claim Is Denied?
If your claim is rejected, you can request a review through the State Insurance Regulatory Authority (SIRA) or apply to the NSW Civil and Administrative Tribunal (NCAT) for a reconsideration. Independent medical opinions may be required to challenge the insurer's decision.
Example Scenario
A 38-year-old driver involved in a high-speed collision experienced a loud airbag deployment. An audiogram three days later showed a 35 dB loss in the right ear, and a specialist confirmed acoustic trauma with a WPI of 12%. The claim was accepted for treatment benefits, and damages were later awarded after the injury exceeded the threshold.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.