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).
Families caring for someone with a cervical disc injury under NSW CTP claims may have specific entitlements, but the process requires careful documentation and understanding of SIRA guidelines. This article explains how caregivers can support claims, what evidence is needed, and key considerations for Bathurst residents.
What Claims Are Available for Families?
Under the Motor Accident Injuries Act 2017, families may claim weekly income payments, treatment and care benefits, and compensation for out-of-pocket expenses. Caregivers can also seek reimbursement for costs like transportation to medical appointments or home modifications. However, these claims depend on the injured person meeting the 'threshold injury' criteria, which includes spinal nerve-root injuries with neurological signs.
Documenting Caregiver Role in NSW CTP Claims
Caregivers must provide evidence of their involvement, such as:
- Medical records showing the injury's impact on daily living
- Witness statements or diary entries detailing caregiving hours
- Receipts for expenses like medical equipment or home care
SIRA guidelines emphasize that claims must demonstrate a direct link between the injury and the need for caregiver support. Families should report caregiving arrangements to the insurer within 52 weeks of the accident, as benefits for threshold injuries typically expire after this period.
SIRA Guidelines for Family Caregiver Situations
SIRA's 'What you can claim' page confirms that families may seek compensation for:
- Lost income due to caregiving duties
- Extra living expenses incurred
- Transportation costs to medical appointments
In Bathurst, families should note that the 52-week time limit applies to weekly benefits, but long-term care needs may qualify for extended support if the injury results in a whole person impairment (WPI) of 10% or more.
Key Considerations for Families
- Medical Documentation: Ensure all records show how the cervical injury affects the injured person's ability to care for themselves.
- Time Limits: Weekly benefits for threshold injuries stop after 52 weeks, but families may still claim treatment benefits beyond this period.
- Dispute Resolution: If the insurer rejects a claim, families can request a review under the Motor Accident Injuries Act 2017 or seek independent legal advice.
Hypothetical Example
A Bathurst family caring for a partner with a cervical disc injury might claim weekly payments for the first 52 weeks. After this period, they could seek compensation for ongoing caregiving costs, provided medical evidence shows the injury has not improved.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.