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 caused by vehicle fires are covered under NSW's Compulsory Third Party (CTP) scheme, which provides compensation for medical treatment, income loss, and daily activity limitations. This article explains how rural residents can claim support for burn injuries from vehicle fires, what evidence is needed, and how to navigate the claims process.
How CTP Covers Burn Injuries from Vehicle Fires
Under the Motor Accident Injuries Act 2017 (MAIA), CTP insurers must cover burn injuries caused by vehicle accidents, including fires. SIRA guidelines confirm that thermal and chemical burns from collisions or fires qualify as 'threshold injuries' under the scheme. This means you may be eligible for treatment benefits, weekly income payments, and compensation for long-term recovery.
Evidence Needed for CTP Burn Injury Claims
To prove a vehicle fire caused your burn injury, you must provide:
- Medical records showing the injury's cause and severity
- Police or accident reports documenting the fire incident
- Witness statements or photographs of the scene
- Evidence of daily activity limitations, such as medical notes about mobility or self-care challenges
In rural areas, securing a police report may be harder, but SIRA encourages submitting all available evidence. For example, a doctor's note stating you cannot prepare meals for 12 weeks could support your claim for daily activity recovery.
Accessing CTP Support in Rural NSW
Rural residents may face delays in accessing services like physiotherapy or specialist burns care. SIRA's guidelines note that claims for daily activity limitations must include evidence of how the injury affects your ability to perform routine tasks. For instance, if you need assistance with bathing or cooking, this must be documented by a medical practitioner.
Key Differences for Burn Injuries
Unlike minor injuries, burn injuries from vehicle fires often require long-term recovery planning. Under the MAIA, weekly benefits may continue for up to 52 weeks if your injury meets the 'threshold injury' criteria. However, if your burn injury does not meet the threshold, you may still claim for treatment costs and income loss.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim weekly income benefits for threshold injuries. For non-threshold injuries, you must notify your insurer within 52 weeks to claim treatment benefits. If your burn injury requires ongoing care, delays in reporting could affect your eligibility.
Example: Burn Injury in a Rural Car Park
A farmer injured in a vehicle fire at a rural car park may need to prove the fire was caused by a collision. Medical records showing second-degree burns and a doctor's opinion that the injury limits daily activities would be critical. SIRA would assess whether the injury meets the threshold for weekly payments or requires a separate claim for long-term recovery.
Next Steps for Rural Claimants
If your burn injury impacts your ability to work or perform daily tasks, contact SIRA to discuss your options. Rural claimants should seek legal advice if you face delays in accessing services or if your insurer disputes the injury's severity. Every claim depends on its own facts, and rural residents may need tailored support to navigate the process.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.