Burn Injuries and the 2017 CTP Reforms in NSW
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 suffered burn injuries in a vehicle fire in New South Wales, the 2017 reforms to the Compulsory Third Party (CTP) scheme have changed how your claim is assessed. These reforms, under the Motor Accident Injuries Act 2017, shifted the focus from common law damages to statutory benefits managed by the State Insurance Regulatory Authority (SIRA). Burn injuries, including those from vehicle fires, are now primarily assessed under the 'threshold injury' framework, which limits benefits after 52 weeks unless the injury meets specific severity criteria.
How SIRA Assesses Burn Injury Claims
SIRA uses the Motor Accident Guidelines to evaluate whether your burn injury qualifies as a 'threshold injury.' This includes injuries like first- to third-degree burns, scarring, or nerve damage. Under the 2017 reforms, your claim may be limited to weekly income benefits and treatment costs for the first 52 weeks. After this period, benefits are generally stopped unless your injury meets the 'whole person impairment' threshold (e.g., permanent disability or significant functional loss).
For example, a burn injury causing temporary scarring but no long-term impairment would likely fall under the 52-week limit. However, if the injury results in chronic pain or mobility issues, SIRA may reassess your claim under the 'whole person impairment' rules.
Challenges in Rural and Remote NSW
Claimants in rural or remote areas may face unique hurdles. Delays in accessing specialist medical care or specialist burn treatment facilities can affect SIRA's assessment of your injury's severity. Additionally, remote locations may have limited access to medical records or witnesses, complicating the claim process. You must ensure your medical records clearly document the injury's impact, including any long-term effects.
Practical Steps for Burn Injury Claims
- Seek immediate medical attention to document the injury and its treatment. Burn injuries require specialist care, so consult a burns unit or dermatologist.
- Preserve evidence of the accident, including vehicle fire reports, witness statements, and photographs of the injury.
- Notify your insurer as soon as possible. SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may be granted for valid reasons.
- Request a SIRA assessment of your injury. You can apply for a review if you believe your claim was incorrectly limited to the 52-week period.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim statutory benefits under the CTP scheme. If your injury is classified as a 'threshold injury, ' benefits stop after this period unless your claim is reviewed and found to meet the 'whole person impairment' threshold. If you disagree with SIRA's decision, you can request a review or seek independent legal advice.
When to Seek Legal Advice
If your burn injury involves complex medical issues, such as nerve damage or chronic pain, or if you believe your claim was unfairly limited, consult a solicitor experienced in CTP claims. Legal advice can help ensure your injury is properly assessed under the 2017 reforms.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.