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 rural or remote NSW, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how the CTP scheme applies to burn injuries caused by vehicle fires, what documentation is needed, and the steps to take. It also covers time limits and when to seek legal advice.
How the CTP Scheme Applies to Burn Injuries
Burn injuries from vehicle fires are covered under the CTP scheme if they result from a motor accident. The Motor Accident Injuries Act 2017 (s 4.4) defines 'injury' to include burns caused by fire, heat, or chemicals. Thermal burns from flames and chemical burns from fire suppression agents are both eligible. However, the injury must be directly caused by the accident, not a pre-existing condition or unrelated incident.
The scheme covers treatment and care benefits, weekly income payments, and compensation for permanent impairments. For burn injuries, medical evidence is critical. A doctor must confirm the injury is a 'threshold injury' under the Motor Accident Guidelines. This means the injury must meet specific clinical criteria, such as visible burns or functional loss, not just a minor scald.
Documentation Needed for a Burn Injury Claim
To support your claim, you'll need:
- Medical records showing the burn's cause, severity, and treatment
- Evidence the fire originated from a motor accident (e.g., police report, witness statements)
- Photos of the fire scene and vehicle damage
- Proof of income to claim weekly payments
- Any records of pre-existing skin conditions that could affect recovery
In rural areas, access to medical facilities may delay treatment. Seek immediate care even if travel is required, as delayed treatment can impact eligibility. Keep all medical bills and records, as they are essential for claiming treatment costs.
Time Limits and Dispute Options
You must notify the at-fault driver's insurer within 52 weeks of the accident to claim weekly benefits or treatment costs. After 52 weeks, weekly payments stop unless you have a whole person impairment rating of 10% or more. If your burn injury results in a permanent impairment, you may still claim compensation for ongoing effects.
If your claim is denied, you can request a review by the State Insurance Regulatory Authority (SIRA). In rural areas, delays in accessing SIRA services may occur, so it's important to act quickly. You may also need to provide additional evidence, such as a second medical opinion, to challenge a decision.
When to Seek Legal Advice
While the CTP scheme covers many burn injuries, eligibility depends on the accident's circumstances and the injury's severity. For example, a minor burn from a car fire may not qualify for weekly payments, but a severe burn requiring skin grafts could. A legal professional can help assess whether your injury meets the threshold for compensation and ensure all deadlines are met.
Example Scenario
Imagine a motorcyclist caught in a vehicle fire. The flames cause second-degree burns to their arms and face. A doctor confirms the burns are from the fire and meet the threshold injury definition. The rider submits medical records, a police report, and photos of the fire scene. They claim treatment costs and weekly payments for lost income. After 52 weeks, they undergo an impairment assessment and receive a 15% rating, qualifying for additional compensation.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. In rural and remote NSW, delays in accessing services or documentation can affect your claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.