Care and Family Support in 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 or a family member has been injured in a motor accident in Balmain, you may be entitled to compensation that covers care and support needs. Under NSW’s Compulsory Third Party (CTP) scheme, claims can include payments for unpaid family care, medical treatment, and income loss. This article explains how SIRA’s official guidance helps families understand their rights to support during recovery.
How NSW CTP Claims Account for Family Care Needs
The Motor Accident Injuries Act 2017 allows claims for 'care and assistance' if an injury requires ongoing support. SIRA’s guidelines clarify that unpaid family care, such as a spouse or child helping with daily tasks, can be claimed as a 'treatment and care benefit'. This includes assistance with mobility, personal hygiene, or managing household responsibilities.
For example, if a family member is unable to work due to a soft-tissue injury, the CTP insurer may cover lost income and care costs. SIRA’s 'What you can claim' page outlines that care needs must be 'reasonably necessary' and documented by a medical practitioner.
Practical Steps for Families Claiming Care Support
To claim care support, families should:
- Gather medical records confirming the injury’s impact on daily living
- Document the care provided (e.g., time spent helping with meals or mobility)
- Keep records of any income loss due to caregiving responsibilities
- Notify the CTP insurer within 52 weeks of the accident, as benefits for 'only injuries' may stop after this period
SIRA’s 'Making a motor accident claim' guide recommends submitting a 'care and assistance' form with evidence of the injury’s effect on the person’s ability to care for themselves.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if the injury is classified as a 'threshold injury' under the Motor Accident Guidelines. For more severe injuries, claims can be made at any time. If the insurer disputes care needs, families can request a review using SIRA’s formal process outlined on their claims page.
When to Seek Legal Advice
Families should consult a legal professional if:
- The insurer refuses to acknowledge care needs
- The injury involves complex medical conditions (e.g., spinal nerve-root injuries requiring specific clinical signs)
- There are disputes over the 52-week time limit for 'only injuries'
Legal advice can help ensure all eligible care and support payments are claimed under the CTP scheme.
Next Steps for Balmain Residents
Understanding how CTP claims account for family care needs is essential for Balmain residents. While SIRA provides clear guidance, individual circumstances may require tailored support. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.