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 motor vehicle accident in New South Wales, preserving the right evidence is critical to support your claim under the Compulsory Third Party (CTP) scheme. This article explains what records to keep, how SIRA evaluates ankle fractures, and practical steps to take after an accident.
What Evidence Supports an Ankle Fracture Claim?
- Under NSW CTP laws, you must prove a
- threshold injury* to access statutory benefits. For ankle fractures, this means showing a
- spinal nerve-root injury* with neurological signs, or a
- radiculopathy* with specific clinical signs as outlined in the Motor Accident Guidelines. Key evidence includes:
- Medical records from a registered medical practitioner confirming the fracture, its severity, and treatment. X-rays, MRIs, and clinical notes are essential.
- Accident details such as police reports, witness statements, and photographs of the scene. These help establish the incident’s circumstances.
- Medical opinion from a specialist confirming the injury meets the threshold injury definition. SIRA may require a report from a registered medical practitioner.
- Income and employment records to support claims for weekly income payments if the injury affects your ability to work.
How to Organize Medical Records for Ankle Fractures
SIRA evaluates injuries based on the Motor Accident Guidelines. For ankle fractures, you must demonstrate:
- A confirmed fracture (e.g., via imaging) and documentation of treatment.
- A link between the injury and the accident. For example, if the fracture resulted from the crash forces, this must be clearly stated in medical records.
- No pre-existing conditions that could have contributed to the injury. Your doctor should note this in the records.
A practical example: After a car accident, you visit a hospital and are diagnosed with a broken tibia. Your GP documents the injury, and an orthopaedic specialist confirms it meets the threshold injury criteria. These records are vital to support your claim.
Time Limits and Dispute Options
- You have 52 weeks from the accident date to claim statutory benefits for
- only injuries* (i.e., injuries that do not meet the threshold injury definition). After this period, weekly payments and treatment benefits typically stop unless the injury is classified as a
- whole person impairment* (WPI) of 10% or more.
If SIRA disputes your claim, you may need to:
- Request a review of their assessment.
- Seek independent medical opinion to challenge their evaluation.
- Consult a solicitor if disputes escalate, especially if you believe the injury meets the threshold injury definition.
When to Seek Legal Advice
If your ankle fracture results in long-term impairment, requires ongoing treatment, or involves disputes over benefits, legal advice is essential. A solicitor can help ensure you meet all SIRA requirements and understand your rights under the Motor Accident Injuries Act 2017.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.