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 NSW car accident, preserving evidence is critical for a successful CTP claim. Under the Motor Accident Injuries Act 2017, you must demonstrate the injury's connection to the accident and its impact on your daily life. This article explains which medical records, accident documentation, and other evidence are essential for your claim, based on SIRA guidelines.
What Medical Records Are Essential for Ankle Fracture Claims?
SIRA requires detailed medical evidence to assess your injury's severity. Key documents include:
- Imaging reports (X-rays, MRIs, CT scans) showing the fracture's location and severity
- Treatment records detailing surgery, physiotherapy, or other interventions
- Specialist opinions from orthopaedic surgeons or physiotherapists
- Medical notes explaining how the injury affects mobility, work, or daily activities
For example, if your ankle fracture caused prolonged walking difficulty, your doctor's notes must explicitly link this to the accident.
How SIRA's Evidence Requirements Apply to Ankle Fractures
SIRA's guidelines state that injuries must meet the 'threshold injury' definition under the Motor Accident Guidelines. For ankle fractures, this typically requires:
- A confirmed fracture on imaging
- Evidence of pain, swelling, or functional limitation
- A medical opinion that the injury is not minor or transient
If your injury is classified as a 'threshold injury, ' you may be eligible for weekly income payments and treatment benefits. However, claims for general damages (compensation for pain and suffering) are limited to whole person impairment (WPI) of 10% or more under the current scheme.
Documentation to Preserve for Your CTP Claim
In addition to medical records, preserve:
- Accident details: Police reports, witness statements, and photos of the scene
- Vehicle information: Registration numbers, driver details, and insurance records
- Income records: Pay slips or employer statements showing lost wages
- Correspondence: Emails or letters from insurers or SIRA
If you received treatment at a hospital in Ashfield, ensure your records include the facility's name and any referrals to specialists.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly income benefits for threshold injuries. After this period, benefits generally stop unless you can prove the injury's effects extend beyond 52 weeks. For disputes over injury classification, SIRA's review process allows you to challenge a decision by submitting additional medical evidence.
When to Seek Legal Advice
If your ankle fracture has caused long-term mobility issues, or if your claim is denied, consult a solicitor. They can help you:
- Challenge a 'threshold injury' classification
- Calculate compensation for long-term impairment
- Navigate SIRA's complex claims process
Final Steps
CTP claims depend on accurate evidence and timely action. If your ankle fracture has impacted your ability to work or live normally, gather all relevant documents and consider seeking professional guidance. 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.