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).
Hearing loss resulting from acoustic trauma during a motor accident may be compensable under NSW's Compulsory Third Party (CTP) insurance scheme. If the injury occurred in Greater Sydney or elsewhere in NSW, you may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages. The assessment of such claims is governed by the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017, with guidance provided by the State Insurance Regulatory Authority (SIRA). To support a claim, you must provide medical evidence that links the hearing loss to the accident, particularly to the sudden noise exposure from the crash, airbag deployment, or vehicle impact. This article explains how to prepare for medical assessments under this framework.
Medical assessments are a critical part of a CTP claim for hearing loss. SIRA requires that all claims for injury be assessed by an independent medical practitioner, often a specialist in audiology or occupational medicine. The assessment will determine whether the hearing loss is attributable to the motor accident and whether it meets the threshold for compensation. For acoustic trauma, the medical evidence must show that the hearing loss occurred suddenly, not gradually, and that it is linked to the noise intensity experienced during the accident. Evidence may include audiometry results, a clinical history of the injury, and documentation of the accident’s noise exposure, such as airbag deployment or vehicle impact sounds.
To prepare for a medical assessment, you should gather and retain the following evidence: a detailed record of when and how the hearing loss began, including any immediate symptoms such as tinnitus, muffled hearing, or ear pain after the accident; a copy of your audiogram performed within a reasonable timeframe after the incident; and any notes from your medical practitioner about the injury. If you were not immediately aware of the hearing loss, but it became apparent in the days or weeks following the accident, you should explain this timeline clearly to the assessor. SIRA’s guidelines state that sudden onset hearing loss following a motor accident may be considered a form of acoustic trauma, particularly where there is no history of pre-existing hearing impairment.
The Motor Accident Injuries Act 2017 sets out that compensation is available for injuries that are not minor or threshold injuries, unless they meet the criteria for damages. For hearing loss, if it is classified as a threshold injury, it may only qualify for treatment and care benefits and weekly income payments, and these may be limited after 52 weeks if no other non-threshold injuries are present. However, if the hearing loss results in a permanent impairment, it may be assessed for a whole person impairment (WPI) rating, which could support a claim for damages. The assessment of WPI is based on the Motor Accident Injuries (Impairment) Guidelines, which define how medical practitioners calculate the percentage of impairment related to hearing loss.
In Greater Sydney, medical assessments are typically conducted by SIRA-approved assessors, often located in private medical centres or specialist clinics. You may be required to attend a face-to-face assessment, and you should bring all relevant medical records, including those from your general practitioner, audiologist, and any specialist who has treated you. You may also be asked to complete a personal history form detailing the accident, your symptoms, and any changes in your hearing since the incident. It is advisable to write a personal statement outlining your experience, including any changes in communication, work performance, or daily life due to the hearing loss.
A common issue in these claims is the absence of a clear link between the accident and the onset of hearing loss. If you were not aware of the injury immediately, or if your hearing was tested only months later, the assessor may question the causal connection. To strengthen your case, obtain a medical opinion that confirms the injury is consistent with acoustic trauma, such as a report from an audiologist stating that the pattern of hearing loss is typical of noise-induced injury. If you have witnesses to the accident who heard the airbag deploy or the vehicle crash, their statements may also support the timing of the injury.
There is no fixed time limit for lodging a CTP claim in NSW, but delays in reporting or seeking medical treatment may affect the strength of your claim. If you are considering a claim, it is best to notify your insurer as soon as possible and to seek medical assessment within a few weeks of the accident. SIRA advises that early medical intervention improves outcomes and strengthens evidence.
If you disagree with a medical assessment, you may request a review or a second opinion through SIRA’s dispute resolution process. You can also seek independent legal advice to understand your rights and options. However, the decision on whether to proceed with a damages claim depends on the nature of the injury, the evidence, and the applicable law.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.