Hearing Loss Claims After Motor Accidents
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 motor accident, such as acoustic trauma caused by a car crash or airbag deployment, you may be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP system handles claims for hearing loss, including what evidence matters, how SIRA assesses injuries, and time limits to be aware of.
How NSW CTP Handles Hearing Loss Claims
Under the Motor Accident Injuries Act 2017 (MAIA), CTP insurance covers injuries caused by motor vehicle accidents, including hearing loss. Acoustic trauma, damage to the ear from loud noises or physical forces during a crash, is considered a threshold injury under the scheme. This means it may qualify for compensation even if there’s no visible physical injury.
SIRA (State Insurance Regulatory Authority) assesses hearing loss claims based on medical evidence. A doctor must confirm the injury is related to the accident and meets the definition of a threshold injury. This includes documenting symptoms like ringing in the ears (tinnitus), difficulty hearing, or sudden hearing loss.
What Evidence Matters for a Hearing Loss Claim
To support a CTP claim for hearing loss, you’ll need:
- Medical records showing the injury, including audiograms or hearing tests.
- Evidence linking the injury to the accident, such as witness statements or police reports.
- Documentation of the accident (e.g., photos of the scene, vehicle damage).
- Proof of income if you’ve lost earnings due to treatment or recovery.
If you’re experiencing long-term hearing damage, you may need specialist opinions from audiologists or ENT (ear, nose, and throat) doctors to demonstrate the injury’s impact.
Time Limits and Dispute Options
You must notify your insurer of the claim within 52 weeks of the accident. If your injury is classified as a threshold injury, benefits like weekly payments or treatment costs may stop after 52 weeks, as per the MAIA. However, if your hearing loss is severe or permanent, you may still be eligible for compensation beyond this period depending on the evidence.
If your claim is disputed, you can request a review by SIRA or seek independent medical opinions. It’s important to act quickly, as delays can affect your ability to claim.
When to Seek Legal Advice
Hearing loss claims can be complex, especially if your injury involves long-term effects or overlaps with other conditions like tinnitus. A solicitor can help you understand your options, ensure all evidence is submitted correctly, and challenge decisions that may unfairly limit your compensation.
Next Steps
CTP claims depend on the specific facts of your case, including the date of the accident, the nature of your injury, and the evidence you can provide. If you’re in Western Sydney and have questions about your hearing loss claim, contact a legal professional to discuss your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.