How SIRA Defines Ankle Fractures for CTP Claims
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).
In New South Wales, the State Insurance Regulatory Authority (SIRA) oversees the Compulsory Third Party (CTP) motor accident compensation scheme. For ankle fractures, SIRA uses the Motor Accident Guidelines to determine whether an injury meets the threshold for compensation. An ankle fracture is defined as a break in one or more bones of the ankle joint, including the tibia, fibula, or talus. SIRA considers the severity of the fracture, such as whether it is displaced or involves joint surfaces, when assessing injury severity.
Compensation Available for Ankle Fractures
Under the Motor Accident Injuries Act 2017, claimants with ankle fractures may be eligible for statutory benefits. These include weekly income payments, treatment and care benefits, and lump sum compensation for permanent impairment. SIRA evaluates whether the injury qualifies as a 'threshold injury', a term referring to injuries that meet the minimum severity criteria for compensation. For example, a displaced ankle fracture with joint involvement is more likely to meet the threshold than a minor hairline crack.
SIRA Injury Thresholds and Practical Steps
SIRA’s guidelines specify that injuries must produce neurological signs or functional loss to qualify. For ankle fractures, this could include instability, prolonged swelling, or difficulty bearing weight. Claimants should gather medical evidence, such as X-rays and specialist reports, to support their claim. Documenting the accident scene, including photographs of the injury and vehicle damage, is also crucial. If the fracture is classified as a threshold injury, weekly benefits may be available for up to 52 weeks, depending on recovery time.
Time Limits and When to Seek Advice
CTP claims must be submitted within a reasonable time frame, though there is no strict statutory deadline. However, delays can affect the availability of weekly benefits, as these are limited to 52 weeks for 'only injuries' (injuries that do not result in permanent impairment). If the ankle fracture leads to a whole person impairment rating, additional compensation may be available. Claimants should consult a legal professional if they face disputes over injury severity or compensation limits.
Example of SIRA’s Application
Consider a scenario where a driver sustains a displaced tibia fracture in a low-speed collision. Medical records confirm joint involvement and instability, meeting SIRA’s threshold criteria. The claimant would be eligible for weekly income payments and treatment benefits. If the fracture heals without permanent impairment, benefits would generally stop after 52 weeks. However, if the injury results in a 10% whole person impairment, additional compensation could be sought.
Next Steps for Claimants
Understanding SIRA’s injury thresholds is essential for claimants seeking compensation for ankle fractures. While the CTP scheme provides statutory benefits, the availability of lump sum payments depends on the injury’s severity and long-term impact. If you are unsure whether your ankle fracture meets the threshold or need assistance with your claim, complete the quick, no obligation enquiry form to request contact about your circumstances.