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).
If you've suffered hearing loss from a motor vehicle accident in Newcastle or the Hunter region, preparing for medical assessments is crucial to securing compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains what to expect during assessments, how SIRA evaluates hearing-related injuries, and practical steps to support your claim.
What Evidence is Required for Hearing Loss Claims?
Under the NSW CTP scheme, claims for hearing loss must demonstrate a direct link between the accident and the injury. Key evidence includes:
- Medical records showing the injury's onset, such as audiograms, ENT reports, and MRI scans.
- Audiological test results confirming the type and severity of hearing loss (e.g., sensorineural or conductive).
- Expert medical opinion from a qualified audiologist or ENT specialist, as SIRA requires clinical evidence to assess impairment.
- Accident details like police reports, witness statements, or vehicle data to establish the incident's circumstances.
How Are Hearing Loss Injuries Assessed for CTP Claims?
SIRA evaluates hearing-related injuries using the Motor Accident Guidelines and the Motor Accident Injuries Act 2017. For acoustic trauma, assessments focus on:
- Neurological signs from spinal nerve-root injuries (per the guidelines).
- Impairment rating based on the whole person impairment (WPI) scale, which determines compensation levels.
- Threshold injury criteria, injuries meeting the 'soft tissue' definition under the Act, such as acoustic trauma causing temporary or permanent hearing loss.
Regional Considerations for Newcastle and Hunter Claimants
While SIRA operates statewide, claimants in Newcastle and the Hunter region should note:
- Local SIRA offices handle claims in the Hunter Valley, requiring specific submission addresses.
- Access to audiologists, ensure your treating specialist is registered with SIRA or has experience with CTP claims.
- Transport and timing, plan for medical appointments during peak hours to avoid delays in documentation.
Practical Steps to Prepare for Medical Assessments
- Organise all medical records from the accident date, including pre-existing conditions.
- Request a CTP-specific assessment from your doctor, as SIRA requires a 'medical opinion' form.
- Attend all appointments and ask for written summaries of findings.
- Document communication with insurers, including dates and details of any disputes.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident (or 5 years for some injuries). If your hearing loss worsens or requires surgery, seek legal advice promptly to avoid missing deadlines. Disputes over injury severity should be resolved by a solicitor before SIRA's independent review.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.