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 from acoustic trauma caused by a motor accident in Ashfield, New South Wales, you may be eligible for treatment and rehabilitation support under the Compulsory Third Party (CTP) scheme. This article explains how to claim treatment costs, plan rehabilitation, and understand the legal boundaries of CTP coverage for hearing injuries.
What CTP Covers for Hearing Loss
Under the Motor Accident Injuries Act 2017, the CTP scheme covers treatment and rehabilitation for injuries caused by motor vehicle accidents. This includes medical treatments like hearing tests, cochlear implants, and speech therapy. Rehabilitation planning may involve audiologists, occupational therapists, and specialists to address communication difficulties. The New South Wales Motor Accident Guidelines define 'threshold injuries', which include hearing loss from acoustic trauma, as eligible for statutory benefits.
Practical Steps for Treatment Claims
To claim treatment costs, you must:
- Obtain a medical report confirming the injury is work-related and meets the threshold injury definition.
- Document all treatment costs, including prescriptions and therapy sessions.
- Notify your insurer within 52 weeks of the accident to access weekly benefits.
- Keep records of how the injury affects your daily life, such as difficulty hearing conversations or work-related communication challenges.
Rehabilitation Planning Under CTP
Rehabilitation planning must be evidence-based and tailored to your needs. For example, a person with noise-induced hearing loss might require:
- Audiological assessments to determine the extent of hearing damage.
- Hearing aid fitting and follow-up appointments.
- Speech-to-text training or sign language instruction.
CTP insurers must cover reasonable rehabilitation costs if the injury meets the threshold injury criteria. However, the 52-week statutory benefit period applies only to injuries that are 'only injuries', meaning no other injuries from the accident.
Time Limits and Dispute Options
You have 5 years from the accident date to claim treatment and rehabilitation costs under the CTP scheme. If your claim is disputed, you may need to:
- Request a review of your medical records.
- Seek independent medical opinions to support your case.
- Consider mediation through the NSW Civil and Administrative Tribunal (NCAT) if necessary.
When to Seek Legal Advice
If your hearing loss is linked to a complex injury, such as a combination of threshold and non-threshold injuries, or if your insurer disputes your claim, consult a solicitor. Legal advice can help you understand whether your case meets the 'threshold injury' definition and how to challenge a denied claim.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.