Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Cervical disc injuries after motor accidents in New South Wales are assessed under the Motor Accident Injuries Act 2017. SIRA evaluates claims based on medical evidence, injury severity, and whether the injury meets the 'threshold injury' definition. This article explains how to document claims for cervical spine disc injuries in the Newcastle and Hunter regions, including practical steps, evidence requirements, and common pitfalls to avoid.
How SIRA Assesses Cervical Disc Injuries
SIRA uses the Motor Accident Guidelines to determine if a cervical disc injury qualifies as a 'threshold injury' under the CTP scheme. This includes injuries like herniated discs, spinal stenosis, or nerve root compression causing neurological signs. For example, a 2023 case in Newcastle involved a passenger with a herniated disc at C5-C6, diagnosed via MRI and supported by a neurologist’s report, which met the threshold criteria. SIRA also considers whether the injury results in a whole person impairment (WPI) of 10% or more, which may entitle claimants to additional damages.
Practical Steps and Evidence for Cervical Disc Claims
To support a claim, gather:
- Medical records showing the injury’s cause and severity (e.g., MRI scans, X-rays, clinical notes)
- Accident reports from NSW Police or the Transport for NSW incident log
- Witness statements or CCTV footage confirming the collision
- Income records to demonstrate lost wages or reduced earning capacity
- A specialist’s opinion linking the injury to the accident
In the Hunter region, claimants should also note if they received treatment at local clinics like Hunter Medical Centre or St. Vincent’s Hospital, as SIRA may require documentation of ongoing care.
Time Limits and Common Pitfalls
Claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Missing this deadline can result in lost benefits. Common mistakes include:
- Delaying medical treatment, which may weaken the claim
- Failing to preserve accident evidence (e.g., not photographing the scene)
- Not seeking independent medical advice if there’s a dispute over injury severity
- Assuming all cervical injuries qualify for benefits, SIRA distinguishes between 'threshold injuries' and 'soft tissue' injuries under the guidelines
When to Seek Legal Advice
If your claim is denied or you’re unsure about your entitlements, consult a solicitor. SIRA’s process can be complex, especially for injuries requiring specialist assessment. For example, a 2024 case in Newcastle involved a cyclist with chronic neck pain requiring a 52-week treatment plan, which required detailed evidence to prove ongoing consequences.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.