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 Bathurst, NSW, you may be eligible for treatment funding under the NSW Compulsory Third Party (CTP) scheme. This article explains how the scheme covers treatment costs, what evidence is needed, and practical steps to claim in regional NSW.
What Treatment Costs Are Covered for Hearing Loss Claims?
Under the Motor Accident Injuries Act 2017, CTP claims cover treatment costs directly related to your injury. For hearing loss caused by acoustic trauma, this includes:
- Audiograms and other diagnostic tests
- Hearing aids and related equipment
- Speech therapy sessions
- Specialist consultations with audiologists or ENTs
- Medications prescribed for tinnitus or ear damage
The New South Wales Motor Accident Guidelines specify that treatment must be 'reasonably necessary' and 'directly related' to the injury. For example, a doctor's note confirming your hearing loss is due to the accident, not age-related degeneration, is critical.
How to Apply for Funding in Bathurst
Claimants in Bathurst should:
- Seek immediate medical attention - Ensure your treating doctor documents the injury's connection to the accident. Acoustic trauma from airbags or crash forces must be explicitly linked to the incident.
- Gather evidence - Collect medical records, accident reports, and witness statements. A detailed account of the accident's noise levels (e.g., from a car crash) may be necessary to prove acoustic trauma.
- Contact the at-fault driver's insurer - CTP claims are handled by the insurer of the vehicle at fault. In Bathurst, you can contact the insurer directly or use a registered claims agent.
- Submit a claim form - Complete the SIRA claim form (available at SIRA's website) and include all supporting documents.
Evidence Required for Acoustic Trauma Claims
To prove your claim:
- Medical evidence - A diagnosis of acoustic trauma must be confirmed by a medical practitioner. This includes audiometric test results and a clinical opinion linking the injury to the accident.
- Accident evidence - Police reports, witness statements, or vehicle data (e.g., airbag deployment records) can establish the incident's circumstances.
- Treatment records - Keep receipts for all treatment costs, including prescriptions and equipment. SIRA guidelines state that only 'reasonably necessary' treatments are funded.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (as defined under s 3.11 of the Motor Accident Injuries Act 2017). If your hearing loss meets the threshold injury criteria, benefits may stop after 52 weeks unless you have a whole person impairment (WPI) rating of 10% or more.
If your claim is disputed, you can:
- Request a review by the insurer
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Apply for a court review if necessary
When to Seek Legal Advice
While many claims are resolved through the insurer, complex cases may require legal assistance. Consider consulting a solicitor if:
- Your injury involves a disputed diagnosis
- The at-fault driver's insurer refuses to fund necessary treatment
- You need help navigating the 52-week time limit
Example Scenario
Consider a Bathurst resident who suffered hearing loss after a car crash. Their audiologist diagnosed acoustic trauma from the impact, and medical records confirmed the injury was not age-related. The claimant submitted the evidence to the at-fault driver's insurer and received funding for hearing aids and therapy.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.