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 in a motor vehicle accident in Western Sydney, you may be eligible for treatment funding under NSW's Compulsory Third Party (CTP) scheme. This article explains how the scheme covers medical costs, what evidence is needed, and steps to take. The NSW CTP scheme funds treatment for injuries caused by motor accidents, including hearing loss from airbag deployment or crash forces. Key factors include the type of treatment, medical documentation, and the date of the accident.
What Treatment Costs Are Covered for Hearing Loss Claims?
Under the Motor Accident Injuries Act 2017, the CTP scheme funds treatment costs for injuries caused by motor accidents. For hearing loss, this includes:
- Audiologist appointments and diagnostic tests
- Hearing aid purchases and maintenance
- Speech therapy if required
- Specialist ear, nose and throat (ENT) consultations
- Rehabilitation services
The scheme covers both immediate treatment and long-term care. However, benefits for 'threshold injuries' (minor injuries meeting specific medical criteria) are limited to 52 weeks after the accident. If your hearing loss meets the threshold injury definition under the Motor Accident Guidelines, treatment costs will be funded for up to 52 weeks.
How to Claim Funding for Acoustic Trauma-Related Hearing Loss?
To claim treatment funding, you must:
- Seek immediate medical attention and document all treatment
- Obtain a medical report confirming the injury's link to the accident
- Submit a claim to the at-fault driver's insurer through the NSW Motor Accident Claims Scheme
- Provide evidence of treatment costs, including invoices and receipts
The claim must be submitted within 52 weeks of the accident for threshold injuries. For non-threshold injuries, there is no time limit, but treatment must be directly related to the accident.
What Evidence Is Required for a CTP Hearing Loss Claim?
Successful claims depend on clear evidence linking the injury to the accident. Key evidence includes:
- Police accident report or witness statements
- Medical records showing the injury's cause and treatment
- Audiogram results confirming hearing loss
- Proof of treatment costs (invoices, receipts)
- A statement from your doctor explaining how the injury affects your daily life
If your injury meets the 'threshold injury' definition under the Motor Accident Guidelines, you may also be eligible for weekly income benefits for up to 52 weeks.
Practical Example: Funding a Hearing Aid Purchase
Consider a scenario where a car crash caused acoustic trauma leading to hearing loss. The injured person receives a medical report confirming the injury and is prescribed a hearing aid. The CTP insurer must fund the cost of the hearing aid as part of treatment. The claimant must submit the device's invoice and a doctor's note explaining the necessity of the treatment.
Time Limits and When to Seek Advice
Claims for threshold injuries must be submitted within 52 weeks of the accident. For non-threshold injuries, there is no time limit, but treatment must be directly related to the accident. If you're unsure about your eligibility or need help with the claims process, seek advice from a legal professional experienced in NSW CTP claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.