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 in a vehicle fire in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. This article explains the practical steps to take immediately after an injury, how SIRA assesses burn claims, and the evidence needed to support your case. Time limits and legal boundaries are also outlined to help you navigate the process effectively.
Immediate Actions After a Burn Injury
After a vehicle fire, your first priority is medical treatment. Seek immediate care from a medical practitioner to document the extent of your injuries. Burn injuries are classified under the Motor Accident Guidelines, which define 'threshold injuries' as those requiring medical treatment. Even minor burns may qualify if they cause neurological signs or require specialist intervention.
Preserve evidence of the incident. This includes:
- Police reports or accident statements
- Photographs of the fire scene and vehicle damage
- Witness contact details
- Medical records showing the injury's progression
Notify your insurer or the at-fault driver's insurer within 52 weeks of the accident. Under the Motor Accident Injuries Act 2017, claims for 'only injuries' (threshold injuries) are limited to 52 weeks of weekly benefits. Delaying notification may affect your entitlement to treatment and care benefits.
How SIRA Assesses Burn Injury Claims
SIRA evaluates claims based on medical evidence and the nature of the injury. For burn injuries, the Motor Accident Guidelines specify that injuries must meet the 'threshold injury' criteria to qualify for statutory benefits. This includes:
- First-degree burns covering 10% or more of the body
- Second-degree burns covering 5% or more
- Third-degree burns requiring specialist treatment
SIRA also considers the 'whole person impairment' rating if the injury impacts long-term health. For example, a burn causing scarring that affects mobility may qualify for additional compensation beyond standard benefits. However, claims for 'threshold injuries' are generally limited to 52 weeks of weekly payments unless the injury results in permanent impairment.
Critical Documentation for CTP Burn Claims
To support your claim, gather:
- Medical records detailing the burn's severity and treatment
- A medical certificate confirming the injury's date and cause
- Evidence of lost income if you're unable to work
- Witness statements describing the fire incident
- Police reports or accident reports
A hypothetical example: A cyclist burned by a vehicle fire may need to provide a medical report showing second-degree burns covering 15% of their body. SIRA would assess this as a threshold injury, entitling the claimant to 52 weeks of weekly benefits unless the burn results in long-term impairment.
Time Limits and Dispute Resolution
Claims for 'only injuries' must be made within 52 weeks of the accident. If you've already exceeded this period, you may still seek advice to explore options like extending benefits through a court application. Disputes over claim validity are resolved through SIRA's internal review process or the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
If your burn injury involves complex medical treatment, long-term scarring, or disputes over claim value, consult a solicitor. Legal professionals can help navigate SIRA's assessment process and ensure you meet all evidentiary requirements. Remember, every claim depends on its own facts.
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