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).
Cervical disc injuries after motor accidents in NSW may entitle caregivers to support costs through the Compulsory Third Party (CTP) scheme. This article explains how family members can claim for care expenses, lost income, and treatment-related impacts under NSW law, with practical guidance for Albury residents.
CTP Rules for Cervical Disc Injuries
Under the Motor Accident Injuries Act 2017, cervical disc injuries qualify for CTP benefits if they meet the 'threshold injury' definition in the Motor Accident Guidelines. This includes injuries like herniated discs or nerve root damage causing neurological signs. Caregivers may claim support costs if the injured person requires assistance with daily living tasks, such as mobility or personal care, as outlined in SIRA’s What you can claim guide.
Practical Steps for Caregivers and Families
- Document care needs: Record the type and frequency of assistance required (e.g., help with bathing, medication management).
- Medical evidence: Obtain a diagnosis confirming the cervical injury’s severity and its link to the accident.
- Income impact: If a family member reduces work hours or leaves employment to care for the injured person, they may claim lost income under the CTP scheme.
- Preserve records: Keep receipts for out-of-pocket expenses like transportation to medical appointments or home modifications.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the injury, unless the injured person dies or the claim involves a dispute over fault. If the injury is classified as a 'threshold injury' only, benefits may be limited after 52 weeks. Families should seek legal advice if disputes arise over claim eligibility or if the injured person requires long-term care.
Hypothetical Example
A 45-year-old Albury resident sustains a cervical disc injury in a car accident. Their spouse takes unpaid leave to assist with mobility exercises and medical appointments. The spouse can claim lost income under the CTP scheme, while the injured person may receive weekly benefits for treatment costs. SIRA guidelines clarify that caregiver support costs are recoverable if they are 'reasonably necessary' for the injured person’s recovery.
When to Seek Legal Advice
Families should consult a solicitor if the injured person’s condition worsens, long-term care is required, or disputes arise with the insurer. Legal advice is also recommended if the claim involves complex issues like multiple injuries or disputes over fault.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.