How SIRA Assesses Hearing Loss Claims from Acoustic Trauma
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 New South Wales Compensation Tribunal (SIRA) determines your eligibility under the Motor Accident Injuries Act 2017. Acoustic trauma, such as damage from loud noises during a crash or airbag deployment, requires specific evidence to prove a CTP claim. SIRA evaluates whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines, which includes hearing loss caused by trauma.
Key Rules Behind SIRA’s Hearing Loss Assessments
SIRA applies the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines to assess claims. For acoustic trauma, you must demonstrate:
- A direct link between the accident and the hearing loss
- Medical evidence confirming the injury
- That the injury meets the threshold injury criteria
SIRA does not automatically assume all hearing loss qualifies. For example, gradual hearing loss unrelated to the accident may not meet the threshold. The assessment focuses on injuries caused by the accident’s force or noise, not pre-existing conditions.
Evidence Required for Acoustic Trauma Claims
To support your claim, you’ll need:
- A medical report from a qualified audiologist or ENT specialist
- Audiogram results showing the extent of hearing loss
- Evidence of the accident’s circumstances (e.g., airbag deployment, loud crash)
- Proof that the injury occurred after the accident
SIRA may request additional documentation, such as a statement from your doctor explaining how the trauma caused the injury. Keep all records related to your treatment and the accident itself.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim benefits for 'only injuries' (threshold injuries) under the Motor Accident Injuries Act 2017. If your claim involves long-term impairment or ongoing treatment, you may need to apply for additional benefits beyond this period. Disputes over SIRA’s assessment can be escalated to the NSW Civil and Administrative Tribunal (NCAT) for review.
When to Seek Legal Advice
SIRA’s rules are complex, especially when distinguishing acoustic trauma from other types of hearing loss. A solicitor can help you:
- Navigate SIRA’s assessment process
- Challenge an adverse decision
- Ensure all evidence is properly submitted
If your claim involves a disputed injury type or a disagreement with SIRA’s findings, legal assistance can help you understand your options.
Next Steps
CTP claims depend on the accident date, injury type, and evidence submitted. To request contact about your circumstances, complete the quick, no obligation enquiry form.