Burn Injuries and the 2017 NSW CTP Reforms
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 sustained burn injuries in a vehicle fire in NSW, the 2017 reforms to the Compulsory Third Party (CTP) scheme may affect your compensation. These reforms introduced significant changes to how injuries are assessed, particularly for thermal and chemical burns. This article explains the key legal changes, how SIRA evaluates burn injuries, and practical steps to take after a vehicle fire.
How the 2017 Reforms Changed CTP Burn Injury Claims
Before 2017, burn injuries were often assessed using outdated criteria. The reforms under the Motor Accident Injuries Act 2017 (MAI Act) introduced updated guidelines to ensure fairer compensation. Key changes include:
- SIRA’s role in injury assessment: The State Insurance Regulatory Authority (SIRA) now oversees medical evaluations for burn injuries. This includes assessing the severity of thermal and chemical burns using the Motor Accident Guidelines.
- Threshold injury rules: Burns that meet the 'threshold injury' definition under the MAI Act are eligible for statutory benefits. However, claims for injuries below this threshold may face stricter limits.
- Impact of vehicle fire specifics: The 2017 reforms clarified that injuries from vehicle fires must be directly linked to the accident. For example, burns caused by escaping flames or toxic fumes are now more clearly covered.
What SIRA Looks For in Burn Injury Claims
SIRA evaluates burn injuries based on medical evidence and the Motor Accident Guidelines. Key factors include:
- Medical records: Detailed documentation of the injury’s cause, severity, and treatment is critical. This includes burn depth, surface area affected, and any neurological damage.
- Spinal nerve-root qualification: Under the guidelines, a spinal nerve-root injury producing neurological signs (even without radiculopathy) may still qualify as a soft-tissue injury.
- Long-term impact: SIRA considers how the burn affects daily life, including scarring, mobility, and psychological effects.
Practical Steps After a Vehicle Fire
If you’ve suffered burn injuries in a vehicle fire, take these steps:
- Seek immediate medical attention to document the injury. This is essential for both health and compensation claims.
- Preserve evidence: Collect details of the accident, including witness statements, photographs of the fire scene, and any vehicle damage reports.
- Notify your insurer under the CTP scheme. SIRA manages claims under the MAI Act, so ensure your insurer refers to the correct process.
- Request a medical assessment from SIRA. This will determine if your injury meets the threshold for statutory benefits.
Time Limits and When to Seek Advice
CTP claims have strict deadlines. Under the MAI Act, you must notify SIRA within 52 weeks of the accident if your injury is a 'threshold injury'. For non-threshold injuries, the 52-week limit applies to statutory benefits, but you may still pursue a common law claim. If your injury is severe, seek legal advice before this period expires.
Example: How the 2017 Reforms Affect a Burn Claim
Consider a scenario where a car catches fire, causing second-degree burns to a passenger. Under pre-2017 rules, this injury might have been excluded from CTP coverage. However, the 2017 reforms now explicitly cover such cases, provided the burn is directly linked to the fire. SIRA would assess the injury using updated guidelines, ensuring the claimant receives appropriate benefits.
Next Steps
CTP burn injury claims depend on the accident date, injury type, and evidence collected. If you’re unsure about your rights or the impact of the 2017 reforms, complete the quick, no obligation enquiry form to request contact about your circumstances.