Attendant Care Services Documentation Checklist for NSW 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).
If you've suffered a serious motor accident in New South Wales and need ongoing care, documenting your injury and attendant care needs is critical to a successful CTP claim. The NSW Compulsory Third Party (CTP) scheme covers paid care services for eligible injuries, but claimants must provide specific evidence to support their case. This guide explains what documentation is required, how to organize it, and how SIRA guidelines apply to your situation.
What Documentation Supports an Attendant Care Claim?
To claim attendant care services under the CTP scheme, you must demonstrate a medical need for ongoing assistance. Key documents include:
- Medical reports from a registered medical practitioner confirming your injury and care requirements (e.g., mobility limitations, cognitive impairments)
- Care provider records showing the type and frequency of assistance needed (e.g., help with bathing, dressing, meals)
- Evidence of financial impact such as receipts for care services, employment records, or a letter from your employer
- Accident details including police reports, witness statements, and photos of the scene
- SIRA's injury severity criteria - your injury must meet the threshold for 'threshold injury' or 'whole person impairment' under the Motor Accident Guidelines
How to Organize Your Documentation
SIRA requires claimants to show a direct link between the accident and your need for care. Organize your evidence as follows:
- Medical evidence first - Ensure all documentation clearly states your injury's impact on daily living
- Chronological care records - Show how your care needs have evolved since the accident
- Financial impact - Prove how the injury has affected your ability to work or manage finances
- Accident connection - Demonstrate how the accident caused your injury and subsequent care needs
SIRA Guidelines for Attendant Care Claims
SIRA's Motor Accident Claims page explains that attendant care is available for injuries meeting the 'threshold injury' definition in the Motor Accident Guidelines. This typically includes:
- Injuries requiring assistance with basic activities of daily living
- Impairments affecting mobility, cognition, or sensory function
- Medical evidence showing a need for care that will last beyond 52 weeks
SIRA assesses whether the injury meets the 'only injuries' test under the Motor Accident Injuries Act 2017. If your injury is classified as a threshold injury, you may be eligible for weekly income payments and treatment benefits in addition to care services.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If your injury requires long-term care, you may need to apply for a 'lifetime care' assessment under the CTP scheme. However, time limits apply to all claims, so it's essential to:
- Submit your claim within 52 weeks
- Seek legal advice if your injury is complex or if you're unsure about your eligibility
- Request a review of your claim if you believe your documentation was rejected unfairly
Example Scenario
Consider a cyclist who suffered a spinal injury in a collision. Their medical records show limited mobility and cognitive impairments requiring assistance with daily tasks. By providing:
- A neurologist's report confirming the injury
- Care provider records showing 12 hours of weekly assistance
- Employment records showing lost income
- A police report documenting the accident
They can demonstrate a clear need for attendant care under the CTP scheme.
Next Steps
CTP claims depend on accurate documentation and understanding of SIRA's injury thresholds. If you're unsure whether your injury qualifies for care services, or if your claim has been denied, seek professional advice. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.