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).
Ankle fractures from car accidents in NSW are assessed under the Compulsory Third Party (CTP) scheme, which provides statutory benefits for injuries meeting specific criteria. If you've suffered an ankle fracture in Newcastle or the Hunter region, understanding how SIRA evaluates your claim and what compensation may be available is critical. This guide explains the legal framework, practical steps, and regional considerations for claimants.
How Ankle Fractures Are Assessed Under NSW CTP Claims
Under the Motor Accident Injuries Act 2017, injuries are categorized as 'threshold injuries' if they meet the criteria outlined in the Motor Accident Guidelines. Ankle fractures typically qualify as threshold injuries if they result in neurological signs, such as nerve damage or restricted movement, even if imaging shows no obvious structural break. SIRA assesses whether the injury meets the 'spinal nerve-root' qualification: a spinal nerve-root injury producing neurological signs other than radiculopathy may still fall within the soft-tissue definition. For example, a fractured ankle causing temporary numbness or instability could qualify, while a simple break without neurological signs may not.
Types of Compensation Available for Ankle Fractures
CTP claims cover statutory benefits, not common law damages. If your ankle fracture meets the threshold injury criteria, you may be eligible for:
- Weekly income payments to compensate for lost earnings.
- Treatment and care benefits to cover medical expenses, physiotherapy, and other recovery costs.
- Lifelong benefits if the injury results in long-term impairment (e.g., chronic instability requiring ongoing support).
If your injury does not meet the threshold criteria, you may need to pursue a common law claim through a solicitor, though this is not guaranteed. SIRA's guidelines emphasize that only injuries resulting in 'neurological signs' or 'restricted movement' qualify for benefits.
Practical Steps for Claimants in Newcastle and Hunter
- Seek immediate medical attention to document the injury. A doctor's report must explicitly link the fracture to the accident.
- Preserve accident details: Gather evidence like police reports, witness statements, and photographs of the scene.
- Notify your insurer within 52 weeks of the accident. Delays may reduce your ability to claim weekly benefits after this period.
- Contact your local SIRA office for region-specific guidance. SIRA has offices in Newcastle and the Hunter region, which can assist with claim forms and assessments.
How SIRA's Guidance Applies to Ankle Fractures
SIRA's Motor Accident Guidelines state that injuries must result in 'neurological signs' or 'restricted movement' to qualify. For example, a fractured ankle causing temporary instability or requiring a walking boot may meet this threshold. However, a simple break without neurological signs may not. SIRA also considers the 52-week rule: if your only injuries are threshold injuries, weekly benefits and treatment benefits are generally limited after 52 weeks. This means your claim may stop paying weekly income payments, but treatment benefits may continue if your injury requires ongoing care.
Example: A Newcastle Claimant's Case
Imagine a driver in Newcastle who sustains an ankle fracture after a low-speed collision. A doctor documents restricted movement and nerve irritation, meeting the threshold injury criteria. SIRA would assess weekly income payments based on the claimant's lost earnings and cover physiotherapy costs. However, if the fracture heals without neurological signs, the claimant may need to seek a common law damages claim through a solicitor.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to notify your insurer of your claim. After this period, you may lose the right to claim weekly benefits, though treatment benefits may still apply. If your injury does not meet the threshold criteria, consider consulting a solicitor to explore common law options. SIRA also recommends seeking legal advice if your claim is disputed or if you believe your injury meets the threshold criteria.
Next Steps for Claimants
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.