Attendant Care Services, What Changed After 2017 Reforms in Greater Sydney
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 been injured in a motor vehicle accident in Greater Sydney and are seeking assistance with daily living tasks, you may be wondering how the 2017 reforms to NSW CTP laws have affected your ability to claim attendant care services. The changes introduced by the Motor Accident Injuries Act 2017 (MAIA) have significantly altered the process for claiming these essential support services. This article explains the key differences between pre-2017 and post-2017 rules, focusing on how the New South Wales State Insurance Regulatory Authority (SIRA) handles claims for assistance with personal care, mobility, and supervision.
The NSW CTP Rules Behind Attendant Care Claims
Under the Compulsory Third Party (CTP) scheme, drivers and passengers involved in motor accidents are entitled to certain benefits, including attendant care services. These services cover assistance with daily activities such as dressing, eating, and personal hygiene. However, the 2017 reforms have changed how these claims are assessed and processed.
Before 2017, claims for attendant care were typically based on the level of injury and the need for assistance. However, the new rules introduced by the Motor Accident Injuries Act 2017 have shifted the focus to specific clinical guidelines and evidence of need. SIRA now uses the Motor Accident Guidelines to determine whether a person qualifies for these services.
One of the most significant changes is the reduced eligibility for long-term care. Under the new rules, claims for attendant care services are generally limited to 52 weeks unless the injury meets the threshold injury criteria. This means that unless your injury is classified as a threshold injury, you may not be eligible for ongoing assistance.
Practical Steps and Evidence That Usually Matter
To claim attendant care services under the current NSW CTP scheme, you must provide evidence of your need for assistance. This includes:
- Medical records confirming your injury and the need for assistance.
- Accident reports or police reports to establish the incident.
- Witness statements or photographs of the accident scene.
- Proof of income to support your claim for weekly income payments.
- Correspondence with your insurer to show you’ve followed the correct process.
It’s also important to note that SIRA requires medical professionals to assess your level of impairment and need for assistance. This means that your attending doctor or specialist must provide a clinical opinion that your injury meets the threshold injury criteria.
Time Limits, Disputes and When to Seek Advice
Under the Motor Accident Injuries Act 2017, there are strict time limits for making claims. Most claims must be submitted within 52 weeks of the accident, unless the injury is classified as a threshold injury. If your injury is not a threshold injury, you may not be eligible for attendant care services after this period.
If your claim is disputed or denied, you have the right to appeal the decision. However, the process can be complex, and it’s important to seek legal advice if your claim is rejected. A specialist solicitor can help you understand your options and ensure your rights are protected.
A Hypothetical Example
Let’s say you were involved in a motor vehicle accident in Greater Sydney and required assistance with personal care and mobility. Under the pre-2017 rules, you may have been eligible for attendant care services for a longer period. However, under the new rules, your claim may be limited to 52 weeks unless your injury meets the threshold injury criteria. This means that your attending doctor must provide evidence of your injury and need for assistance to qualify for long-term care.
When to Seek Legal Advice
If you’re unsure whether your attendant care claim is eligible under the new rules, or if your claim has been denied, it’s important to seek legal advice. A specialist solicitor can help you understand your rights and options and ensure your claim is processed correctly.
Next Steps
The availability of attendant care services under the NSW CTP scheme depends on the date of your accident, the nature of your injury, and the evidence you provide. If you’re unsure whether your claim is eligible, or if your claim has been denied, it’s important to seek legal advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.