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 or acoustic trauma from a motor vehicle accident in New South Wales, preparing for medical assessments is critical to your CTP claim. This article explains how medical evaluations determine your compensation, what evidence matters, and steps to take before your assessment. The NSW CTP scheme requires medical records to establish injury severity, treatment needs, and long-term impacts. Understanding how to prepare ensures your claim reflects your full circumstances.
How Medical Assessments Determine Compensation
Under the Motor Accident Injuries Act 2017 (MAIA), medical assessments are essential to determine your claim's value. A qualified audiologist or ENT specialist must evaluate your hearing loss or acoustic trauma to confirm it meets the scheme's criteria. The assessment will assess:
- The type and severity of your hearing loss (e.g., conductive, sensorineural, or mixed)
- Whether your injury qualifies as a 'threshold injury' under the MAIA
- The need for ongoing treatment, hearing aids, or other interventions
- The impact on your daily life and ability to work
SIRA guidelines state that injuries must be 'reasonably foreseeable' from the accident. For example, if your hearing loss resulted from a direct blow to the head or exposure to loud noises during the crash, this must be documented in medical records.
Practical Steps to Prepare for Your Assessment
To ensure your medical assessment supports your claim, take these steps:
- Gather all medical records: Include audiograms, ENT reports, and notes from consultations. If you've had previous hearing issues, provide those too.
- Document your symptoms: Keep a journal of how your hearing loss affects your life, e.g., difficulty hearing conversations, needing to ask people to repeat themselves, or trouble using phones.
- Understand the assessment process: The assessor will likely ask about your injury history, the accident, and your current symptoms. Practice explaining your experience clearly.
- Bring a support person: A family member or friend can help you remember details or advocate for your needs during the assessment.
Time Limits and When to Seek Advice
CTP claims have strict deadlines. You must notify your insurer within 6 months of the accident, and most claims must be submitted within 3 years of the incident (s 4.4(2) and s 4.5(2) of the MAIA). If your injury requires ongoing treatment, you may need to apply for weekly income payments or treatment benefits under the scheme.
If your hearing loss worsens or you develop new symptoms after your initial assessment, seek legal advice immediately. Delays can reduce your entitlements or lead to claim dismissal.
Example: How a Medical Assessment Works
Consider a scenario where a passenger suffered acoustic trauma from an airbag deployment. Their audiologist documented a 30% hearing loss in one ear and noted tinnitus. The assessor determined this met the threshold injury criteria under the MAIA, allowing the claimant to access treatment benefits and income support. Without this medical evidence, the claim would likely fail.
Next Steps
If your hearing loss or acoustic trauma affects your daily life, prepare your medical records carefully. Time limits apply, and disputes over injury severity are common. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.