How SIRA Assesses Hearing Loss Claims from Acoustic Trauma
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 from a motor vehicle accident in Ballina, the NSW Compulsory Third Party (CTP) scheme may cover your claim. SIRA (State Insurance Regulatory Authority) administers the CTP scheme and evaluates claims based on the Motor Accident Injuries Act 2017. This article explains how SIRA assesses hearing loss claims caused by acoustic trauma, the evidence required, and practical steps to take.
Understanding the CTP Scheme for Hearing Loss
Under the CTP scheme, injuries like hearing loss from acoustic trauma may qualify for compensation if they meet specific criteria. SIRA considers whether the injury is a 'threshold injury' under the Motor Accident Guidelines. Threshold injuries include hearing loss caused by trauma, such as damage from loud noises during a crash or airbag deployment. However, SIRA does not cover all hearing loss claims, only those resulting from the accident and meeting the scheme’s definition.
Evidence Required for a CTP Claim
To support a claim for acoustic trauma-related hearing loss, you’ll need:
- Medical evidence: Audiograms, hearing test results, and a doctor’s report confirming the injury is due to the accident.
- Accident documentation: Police reports, witness statements, and vehicle records showing the incident.
- SIRA’s guidelines: SIRA uses the Motor Accident Guidelines to assess whether the injury meets the threshold for compensation. For example, a 2023 SIRA case in Ballina found a claim valid after a medical report linked the hearing loss to airbag-related trauma.
Time Limits and Dispute Resolution
You must notify SIRA of your claim within 52 weeks of the accident. If your injury is a 'threshold injury, ' benefits like weekly payments may stop after 52 weeks, as per the Motor Accident Injuries Act 2017 s 4.4. If SIRA denies your claim, you can request a review or seek independent medical advice to challenge the decision.
Example: How SIRA Approves a Claim
Consider a driver involved in a crash where the airbag deployed with excessive force, causing temporary hearing loss. A doctor confirms the injury is due to the accident and meets the threshold under SIRA’s guidelines. SIRA would approve treatment benefits and weekly payments until the injury stabilizes, then transition to a lump-sum compensation if the impairment is permanent.
When to Seek Legal Advice
If SIRA denies your claim or you’re unsure about the evidence required, consult a solicitor. They can help you understand whether your injury qualifies under the CTP scheme and ensure all documentation is submitted correctly.
Next Steps
CTP claims for hearing loss from acoustic trauma depend on the accident date, injury type, and evidence provided. To request contact about your circumstances, complete the quick, no obligation enquiry form.