How SIRA Classifies Amputation Injuries in NSW CTP Claims
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).
- In New South Wales, the
- Motor Accident Injuries Act 2017* and the
- Motor Accident Guidelines* govern claims for amputation injuries under the Compulsory Third Party (CTP) scheme. The
- SIRA* (State Insurance Regulatory Authority) assesses these claims based on medical evidence and the nature of the injury. Amputation injuries are classified as serious and may qualify for specific benefits, including weekly income payments and prosthetic support.
SIRA uses the Motor Accident Guidelines to determine whether an injury meets the threshold for compensation. For amputations, the injury must result in the loss of a limb or significant parts of a limb, such as a foot or hand. The guidelines also require documentation of the injury’s impact on daily living, such as mobility limitations or the need for a prosthetic device.
Evidence Required for an Amputation Injury Claim
To support an amputation injury claim with SIRA, claimants must provide:
- Medical records confirming the amputation, including the date of the injury and details of the treatment.
- Accident reports from the scene, including police or witness statements if available.
- Documentation of prosthetic needs, such as a prescription for a prosthetic limb or evidence of ongoing medical treatment.
- Income records to establish the financial impact of the injury, such as lost wages or reduced earning capacity.
SIRA may also require a Medical Certificate of Injury (MCI) to confirm the injury’s severity. This certificate must be signed by a registered medical practitioner and include details of the injury’s effect on the claimant’s ability to work.
How SIRA’s Rules Differ for Amputations
SIRA’s approach to amputations differs from other injury types in two key ways:
- Eligibility for weekly benefits: Amputation injuries typically qualify for weekly income payments under the CTP scheme, unlike minor injuries that may only receive one-time compensation.
- Long-term support: Claimants with amputations may be eligible for ongoing assistance with prosthetics, mobility equipment, or home modifications, depending on the injury’s impact.
For example, a claimant who loses a leg in a car accident in Albury may receive weekly payments for 52 weeks, plus support for a prosthetic limb. However, if the injury is classified as a threshold injury (under the Motor Accident Guidelines), benefits may be limited after 52 weeks.
Time Limits and When to Seek Advice
Claims for amputation injuries must be submitted to SIRA within 52 weeks of the accident, unless an extension is granted. Delays can result in the loss of certain benefits, such as weekly income payments. Claimants should also be aware that disputes over injury classification or benefit amounts can be resolved through SIRA’s review process.
If you’ve suffered an amputation injury in a motor accident in NSW, it’s important to seek legal advice early. A solicitor can help ensure all required evidence is submitted and that your claim aligns with SIRA’s rules.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.