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 a burn injury from a vehicle fire in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. Burn injuries, whether from thermal exposure or chemical contact, fall under the Motor Accident Injuries Act 2017. This article explains the early steps to take, the legal framework governing claims, and what evidence matters.
Immediate Actions After a Burn Injury
The first priority is medical treatment. Seek emergency care immediately, as burn injuries can worsen rapidly. Document your injuries with photographs and note any symptoms like blistering, pain, or scarring. Preserve evidence of the incident, including:
- Vehicle damage or fire debris
- Witness statements
- Police reports
- Medical records detailing the injury's severity
Contact your treating doctor to confirm whether your burn meets the 'threshold injury' definition under the Motor Accident Guidelines. This distinction determines your eligibility for statutory benefits.
How the CTP Scheme Handles Burn Injury Claims
Under the CTP scheme, burn injuries are treated as threshold injuries if they meet specific criteria. This includes injuries like first- or second-degree burns that require medical treatment. The Motor Accident Injuries Act 2017 provides:
- Treatment and care benefits for medical expenses
- Weekly income support if your injury prevents work
- Lifelong benefits for severe, permanent impairments
However, claims for burn injuries must be reported to the at-fault driver's insurer within 52 weeks of the accident. If your injury is classified as a 'threshold injury' and your recovery is complete within this period, benefits may stop. Severe burns that result in long-term disability may qualify for ongoing support.
Practical Evidence for Early Stages of a Claim
To support your claim, gather:
- A medical certificate confirming your injury's date and severity
- Proof of income to establish lost earnings
- Witness contact details and statements
- Photographs of the accident scene and vehicle damage
- Police reports or accident reports
If your burn injury involves chemical exposure (e.g., from a leaking fuel tank), ensure your medical team documents the type and duration of contact. This information helps assess the injury's classification under the CTP scheme.
Time Limits and Dispute Resolution
The 52-week time limit applies to all claims where your injury is classified as a threshold injury. If your burn injury does not meet the threshold criteria, you may still pursue a common law damages claim, but this requires legal advice. Disputes over injury classification or benefit amounts can be resolved through the NSW Civil and Administrative Tribunal (NCAT) or by seeking legal representation.
When to Seek Legal Advice
Consult a solicitor if:
- Your injury exceeds the threshold criteria
- You're unsure whether your burn qualifies for benefits
- Your claim is denied or disputed
- You need assistance navigating the 52-week deadline
Legal professionals can also help challenge incorrect injury classifications or ensure your claim includes all eligible benefits.
Example Scenario
Imagine a pedestrian in Newcastle who suffers second-degree burns after a vehicle fire. Their doctor confirms the injury meets the threshold definition. They report the incident to the insurer within 52 weeks and receive treatment benefits. However, if their recovery takes longer than 52 weeks, they may need to reclassify their injury for ongoing support.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.