Burn Injuries and NSW CTP Claims
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 in a vehicle fire in NSW, understanding how SIRA assesses your claim is critical. Burn injuries are treated as threshold injuries under the Motor Accident Injuries Act 2017 (MAIA), meaning they fall under the statutory benefits framework. SIRA evaluates claims based on medical evidence, treatment plans, and rehabilitation needs. This article explains how burn injuries are handled in CTP claims, what treatment and rehab options are covered, and how to ensure your care plan is properly considered.
How SIRA Assesses Burn Injuries
SIRA assesses burn injuries by reviewing medical records, including burn severity classifications, treatment timelines, and rehabilitation requirements. Under the MAIA, burn injuries are eligible for:
- Treatment and care benefits (e.g., physiotherapy, wound care)
- Weekly income payments if the injury prevents work
- Rehabilitation planning to restore function and independence
For example, a second-degree burn requiring skin grafts would be evaluated alongside a medical report outlining the need for ongoing physiotherapy. SIRA uses the Motor Accident Guidelines to determine if the injury meets the threshold for statutory benefits.
Covered Treatment and Rehabilitation Options
Under NSW CTP laws, burn injuries are covered for:
- Medical treatment (e.g., hospital care, specialist consultations)
- Rehabilitation services (e.g., occupational therapy, psychological support)
- Home modifications if needed to accommodate the injury
- Weekly income payments if the injury prevents work for 52 weeks or more
Claimants must provide evidence of treatment costs, medical necessity, and how the injury impacts daily life. For instance, a burn injury causing scarring that affects mobility would require a rehabilitation plan showing how therapy addresses this.
Practical Steps for Burn Injury Claims
To ensure your claim is processed fairly:
- Seek immediate medical attention and document all treatment
- Keep records of all medical expenses and correspondence with healthcare providers
- Submit a rehabilitation plan outlining goals, therapies, and expected outcomes
- Notify SIRA within 52 weeks of the accident to avoid missing weekly income payments
If your injury results in only threshold injuries (e.g., minor burns), benefits are generally limited after 52 weeks. However, if your injury meets the whole person impairment threshold, you may be eligible for ongoing compensation.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for weekly income payments. If your claim is disputed, you can:
- Request a review from SIRA
- Seek independent medical opinion to support your case
- Consult a legal professional if disputes escalate
Time limits apply strictly. For example, a burn injury requiring 53 weeks of treatment would only qualify for weekly payments if the injury meets the whole person impairment threshold.
When to Seek Legal Advice
Legal advice is essential if:
- Your injury exceeds the threshold injury definition
- You face disputes over treatment costs or rehabilitation needs
- You need to challenge a decision to limit benefits
A solicitor can help ensure all evidence is properly submitted and that you understand your rights under the MAIA.
Next Steps
CTP entitlements depend on the accident date, injury severity, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.