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 from a motor vehicle accident in NSW, the Compulsory Third Party (CTP) scheme may cover treatment and rehabilitation costs. This article explains how the NSW CTP framework applies to hearing loss injuries, what rehabilitation options are available, and how to prepare evidence for your claim.
How the CTP Scheme Covers Hearing Loss Treatment
Under the Motor Accident Injuries Act 2017, the CTP scheme covers treatment costs for injuries caused by motor vehicle accidents. For hearing loss resulting from acoustic trauma, such as damage to the ear from crash forces or airbag deployment, treatment includes audiologist assessments, hearing aids, and speech therapy. SIRA guidelines specify that rehabilitation planning must be evidence-based and directly related to the injury.
Rehabilitation Planning Options for CTP Claimants
Rehabilitation planning under CTP focuses on restoring function and quality of life. For hearing loss, this may involve:
- Audiological testing to assess the extent of the injury
- Fitting and adjusting hearing aids or cochlear implants
- Speech therapy to improve communication
- Workplace adjustments if the injury affects employment
SIRA requires that rehabilitation plans be reviewed by a registered audiologist and documented in medical records. Claimants should work with their treating specialists to ensure all treatment options are considered.
Applying SIRA Guidelines to Acoustic Trauma Claims
SIRA's Motor Accident Guidelines outline that acoustic trauma injuries must meet specific criteria to qualify for CTP benefits. For example, a diagnosis of sensorineural hearing loss with a minimum 25dB hearing level in the affected ear may be required. The guidelines also emphasize that rehabilitation must be 'reasonably necessary' and 'directly related' to the injury.
A hypothetical example: A motorcyclist involved in a collision suffers temporary hearing loss after an airbag deploys. Their audiologist documents a 30dB loss in the left ear, requiring a hearing aid. This treatment would be covered under CTP, provided the injury meets the threshold injury criteria in the Motor Accident Injuries Act 2017.
Evidence Required for Hearing Loss Claims
To support a CTP claim for hearing loss, you'll need:
- Detailed medical records from an audiologist or ENT specialist
- Documentation of the accident, including police reports or witness statements
- Evidence of treatment costs, such as invoices for hearing aids or therapy sessions
- A rehabilitation plan endorsed by your treating medical professional
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident for certain benefits. However, rehabilitation planning can extend beyond this period if the injury requires ongoing management. If your claim is disputed, you may need to request a review under the Motor Accident Injuries Act 2017.
Next Steps for Claimants
If your hearing loss is affecting your daily life, seek medical attention immediately and document all treatment. Contact a legal professional to ensure your CTP claim includes all eligible rehabilitation options. Time limits apply, so act promptly to protect your rights.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.