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).
Burn injuries from vehicle fires can have life-changing consequences for injured people and their families. In New South Wales, the Compulsory Third Party (CTP) scheme provides compensation for eligible injuries, including burns caused by motor vehicle accidents. This article explains how caregivers and families in Auburn can navigate CTP claims for burn injuries, what support is available, and practical steps to take.
What CTP Claim Options Exist for Burn Injuries?
Under the Motor Accident Injuries Act 2017, burn injuries from vehicle fires may qualify for compensation through the NSW CTP scheme. Eligibility depends on whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. For example, a second-degree burn covering 10% of the body may qualify as a threshold injury, while more severe burns could entitle the injured person to additional benefits.
Caregivers should note that CTP claims cover not only medical treatment but also financial support. Statutory benefits include weekly income payments for lost wages, treatment and care benefits for medical expenses, and compensation for long-term impairments. However, these benefits are limited to 52 weeks for injuries that only meet the threshold definition.
Practical Steps for Caregivers and Families
When managing a CTP claim for a burn injury, families should prioritise gathering key evidence. Medical records documenting the burn's severity, treatment received, and recovery progress are essential. Photographs of the injury site and accident scene can also support the claim. Families should also keep records of out-of-pocket expenses, such as transportation to medical appointments or home modifications.
Caregivers may need to coordinate with multiple parties, including medical practitioners, insurers, and legal representatives. For instance, if the injured person requires ongoing care, a family member may need to provide evidence of their caregiving role, such as a letter from a doctor or a care plan. It's important to communicate regularly with the insurer to ensure all documentation is submitted promptly.
Time Limits and When to Seek Advice
CTP claims must be made within a specific timeframe. While the exact deadline depends on the accident date, most claims must be submitted within a reasonable period, typically no later than 12 months from the incident. Families should act quickly to avoid missing critical deadlines.
Disputes can arise if the insurer disputes the injury's severity or the claimant's entitlement. In such cases, seeking independent legal advice is advisable. A solicitor can review the claim, challenge incorrect assessments, and ensure caregivers receive all available support.
Example Scenario
Consider a family in Auburn where a child is burned in a vehicle fire. The child's medical team confirms the burn meets the threshold injury definition. The family submits a CTP claim for weekly income payments and treatment benefits. However, the insurer later disputes the injury's severity. The family's solicitor reviews the medical records, identifies discrepancies in the insurer's assessment, and negotiates a fair settlement.
Next Steps for Families
CTP claims for burn injuries require careful management, especially for caregivers balancing medical, financial, and emotional responsibilities. Families should seek guidance from approved resources, such as SIRA's claim forms and support services. For personalised assistance, complete the quick, no obligation enquiry form to discuss your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.