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 accident in Ballina, NSW, you may be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme. However, many people make critical errors that could reduce or block their claim. This article explains how to avoid these mistakes, including what evidence matters, how SIRA defines eligibility, and when to seek legal advice.
What SIRA Says About Hearing Loss Claims
Under the NSW CTP scheme, hearing loss caused by acoustic trauma is a claimable injury. The SIRA guidelines state that injuries must meet the 'threshold injury' criteria to qualify for benefits. This means the injury must be serious enough to result in a 'significant and lasting' impact on your daily life. For example, a sudden hearing loss caused by a loud crash or airbag deployment may qualify, but minor or temporary hearing issues typically do not.
Common Mistakes to Avoid
- Delaying medical attention: Failing to seek immediate medical evaluation can jeopardise your claim. Acoustic trauma often requires specialist assessment, such as an audiologist or ENT specialist, to confirm the injury's cause and severity. Delaying treatment may lead to a diagnosis that doesn't meet SIRA's threshold criteria.
- Not documenting the accident: Accurate records of the incident, including police reports, witness statements, and photographs of the vehicle or scene, are essential. For example, if the hearing loss was caused by a car crash where the airbag deployed, documenting the force of the impact could support your claim.
- Mixing up threshold injuries with common law claims: SIRA benefits are limited to injuries meeting the threshold definition. If your injury doesn't qualify, you may need to pursue a separate common law damages claim, which requires a higher standard of proof. This distinction is crucial, many people assume CTP will cover all injuries, but only those meeting SIRA's criteria are eligible.
- Failing to report the claim promptly: CTP claims must be submitted within a specific timeframe, typically 52 weeks from the accident date (unless extended for valid reasons). Missing this deadline could result in losing benefits for treatment and income loss.
What Evidence Matters?
To support a hearing loss claim, you'll need:
- Medical records showing the injury's cause and severity (e.g., audiograms, specialist reports)
- Accident details (e.g., police reports, witness statements)
- Proof of income if you're claiming weekly benefits
- Evidence of ongoing impact on your daily life (e.g., difficulty at work, social isolation)
For example, if you suffered hearing loss after a car crash in Ballina and couldn't work for weeks, medical evidence linking the injury to the accident is critical. Without this, SIRA may reject your claim.
When to Seek Advice
If your claim is denied or you're unsure about your options, consult a solicitor specialising in CTP claims. They can help you:
- Challenge a decision based on incorrect threshold assessments
- Navigate disputes with insurers
- Explore common law damages if your injury meets higher standards
Time Limits and Disputes
CTP claims must be submitted within 52 weeks of the accident (or 52 weeks from when you became aware of the injury, if it was delayed). If you miss this deadline, you may lose benefits for treatment and income loss. Disputes over claim eligibility are resolved by SIRA, which has the authority to determine whether injuries meet the threshold definition.
Final Steps
If you're in Ballina and have suffered hearing loss from a motor accident, act quickly to preserve your claim. Avoid common errors like delayed medical care or incomplete documentation. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.