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 NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP system handles ankle fractures, what evidence is needed, and how rural claims in Armidale work.
What CTP Claims Are Available for Ankle Fractures?
Under the Motor Accident Injuries Act 2017, ankle fractures are classified as 'threshold injuries' if they meet specific medical criteria. This means you may be eligible for:
- Weekly income benefits (up to 52 weeks) if your injury prevents you from working.
- Treatment and care benefits to cover medical expenses.
- Lifelong weekly payments if your injury results in a whole person impairment (WPI) of 10% or more.
SIRA assesses whether your ankle fracture meets the threshold injury definition using the Motor Accident Guidelines. For example, a broken tibia or fibula with significant swelling and restricted movement may qualify.
How Does SIRA Assess Ankle Fractures?
SIRA evaluates ankle fractures based on clinical signs, not just the type of break. Key factors include:
- Neurological signs like numbness or tingling.
- Imaging reports showing the severity of the fracture.
- Medical opinion from a specialist confirming the injury meets the threshold.
A hypothetical example: Sarah, a farmer in Armidale, fractured her ankle in a low-speed collision. Her doctor confirmed the injury met the threshold, so she received weekly benefits for 52 weeks.
What Documentation Is Needed?
To support your claim, you'll need:
- Medical records showing the injury and treatment.
- Accident report from the police or insurer.
- Witness statements if available.
- Photographs of the accident scene and your injury.
- Income records to prove lost wages.
Keep all documents organized, as SIRA may request them during a review.
How Do CTP Claims Work in Rural NSW?
In Armidale, claims are processed through SIRA's standard CTP system. However, rural claimants should:
- Notify the at-fault driver's insurer immediately.
- Seek medical attention within 24 hours to document the injury.
- Avoid disputing fault unless you have clear evidence.
If your injury exceeds the threshold (e.g., a WPI of 15%), you may qualify for lifelong payments. However, claims must be submitted within 52 weeks of the accident for weekly benefits.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim weekly benefits. After this period, you may need to pursue a common law damages claim, which has no time limit but requires proof of fault.
If your ankle fracture is severe or your claim is disputed, contact a solicitor. Rural areas like Armidale may have limited legal resources, so early advice is crucial.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.