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 an ankle fracture in a car accident in Auburn, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how ankle fractures fit into the scheme's eligibility rules, what evidence is needed, and how SIRA assesses claims. The NSW CTP scheme covers injuries from motor vehicle accidents, including fractures, but specific criteria apply. Understanding these rules is essential to determine if you can claim benefits for your ankle injury.
NSW CTP Rules for Ankle Fractures
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme provides compensation for injuries caused by motor vehicle accidents. Ankle fractures are considered eligible if they meet the scheme's definition of a 'threshold injury' or result in long-term impairment. SIRA (State Insurance Regulatory Authority) evaluates claims based on medical evidence and the Motor Accident Guidelines. For example, a fracture requiring surgery or causing significant mobility issues would typically qualify. However, minor fractures with full recovery may not meet the threshold for benefits.
Practical Steps and Evidence Needed
To support an ankle fracture claim, you must provide:
- Medical records confirming the fracture and its cause
- Police or accident reports detailing the incident
- Witness statements if available
- Proof of income to claim weekly benefits
- A medical assessment of long-term effects
SIRA requires these documents to determine if your injury meets the scheme's criteria. For instance, a doctor's report stating that your ankle fracture caused temporary inability to work would strengthen your claim.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim weekly benefits for injuries that are 'threshold injuries' under the scheme. If your ankle fracture is not a threshold injury, you may still claim treatment and care benefits for up to 52 weeks. However, claims for long-term impairment or permanent damage must be made within 52 weeks of the injury. If your ankle injury is complex or recovery is uncertain, seek legal advice promptly to ensure you meet all deadlines.
Example of SIRA's Assessment Process
Consider a scenario where a driver sustains an ankle fracture in a collision. SIRA would review medical records to confirm the fracture's severity and assess whether it meets the threshold injury definition. If the injury requires surgery or results in prolonged mobility issues, benefits may be available. However, if the fracture heals fully without long-term effects, benefits may not apply. This highlights the importance of accurate medical documentation in determining eligibility.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.