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've suffered burn injuries from a vehicle fire in Ashfield NSW, understanding how the NSW Compulsory Third Party (CTP) scheme handles your claim is essential. SIRA's guidelines determine whether you can claim compensation for daily activity limitations caused by burns. This article explains how to assess your claim, what evidence is needed, and when to seek legal advice.
How SIRA Assesses Daily Activity Recovery for Burn Injuries
SIRA evaluates whether burn injuries meet the 'threshold injury' criteria under the Motor Accident Injuries Act 2017. For daily activity recovery, claimants must demonstrate how the injury impacts routine tasks like dressing, cooking, or mobility. Medical evidence is critical, doctors must link the burn severity to functional limitations. SIRA's guidelines specify that injuries requiring treatment beyond 52 weeks may qualify for ongoing benefits, but this depends on the injury's nature and recovery progress.
Practical Steps and Evidence for Burn Injury Claims
To support your claim, gather: medical records detailing burn depth and treatment, a timeline of recovery, and evidence of daily activity restrictions. Photographs of the fire scene and witness statements may also help establish the incident's circumstances. SIRA requires claimants to provide a 'return to daily activities' assessment from a medical practitioner, confirming whether the injury prevents or limits routine tasks.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if only threshold injuries are involved. If your injury exceeds threshold criteria, you may have longer to claim. Disputes over benefits or claim validity can be resolved through SIRA's review process or by seeking independent medical opinions. Always notify your insurer promptly and keep records of all communications.
When to Seek Legal Advice
If your burn injury involves complex recovery, disputes over benefits, or overlapping claims (e.g., from a vehicle fire and workplace incident), legal advice is essential. A solicitor can help navigate SIRA's requirements, challenge incorrect assessments, or pursue additional compensation for long-term recovery needs.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.