What the PIC Expects in Hearing Loss Disputes
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, the Personal Injury Commission (PIC) will assess your claim based on medical evidence and the Motor Accident Injuries Act 2017. The PIC prioritizes objective documentation showing a direct link between the accident and your injury. Key evidence includes audiograms, ENT specialist reports, and accident scene details. For example, a cyclist who experienced sudden hearing loss after an airbag deployment would need medical records proving the trauma caused the injury.
NSW CTP Rules Governing Hearing Loss Claims
Under the Motor Accident Injuries Act 2017, claims for hearing loss must demonstrate a 'threshold injury', a defined level of harm covered by the Compulsory Third Party (CTP) scheme. Acoustic trauma, such as damage from loud noises during a crash, may qualify if it meets the spinal nerve-root criteria in the Motor Accident Guidelines. The PIC uses the SIRA guidelines to evaluate whether your injury falls within this threshold. Note that 'threshold injury' does not equate to minor harm; it requires clinical evidence of measurable damage.
Evidence and Practical Steps for Acoustic Trauma Claims
To support your claim, gather:
- Medical records showing the injury's cause and severity (e.g., audiograms, ENT reports)
- Accident details like vehicle impact location, airbag deployment, or crash forces
- Witness statements or dashcam footage if available
- Documentation of treatment and any impact on daily life
The PIC will scrutinize whether your hearing loss aligns with the accident's circumstances. For instance, if your injury resulted from a car's airbag deploying with excessive force, your medical team must connect this to the trauma.
Time Limits and Dispute Resolution in Ballina
You have 52 weeks from the accident date to claim statutory benefits for threshold injuries. After this period, weekly payments and treatment benefits typically stop unless your injury is classified as a 'whole person impairment' (WPI). If your claim is disputed, you can request an internal review with the PIC. This process may involve a medical expert assessing your records. Note that disputes do not guarantee a changed decision; the PIC will re-evaluate evidence based on the SIRA guidelines.
When to Seek Legal Advice
If your claim is rejected or you face a dispute, consider consulting a solicitor. They can help challenge the PIC's assessment, especially if your injury meets the WPI threshold or if there are gaps in the evidence. For example, if your medical records lack detail about the acoustic trauma's cause, a lawyer can request additional assessments.
Next Steps
CTP claims depend on the accident date, injury type, and evidence quality. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.