Child Injury Claims in NSW: What Changed After the 2017 Reforms
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 your child was injured in a motor accident in the Blue Mountains or Nepean regions of NSW, the 2017 Compulsory Third Party (CTP) reforms have significantly altered how claims are assessed and processed. These changes, under the Motor Accident Injuries Act 2017 and updated SIRA guidelines, affect everything from injury definitions to benefit timelines. Families must now navigate new rules that prioritize medical evidence, adjust threshold injury criteria, and introduce regional processing variations.
Key Changes to Child Injury Claims Post-2017
The 2017 reforms introduced several critical changes impacting child injury claims:
- Threshold injury adjustments: The definition of 'threshold injury' now includes spinal nerve-root injuries with neurological signs, even if radiculopathy is not present. This expands coverage for children with soft-tissue injuries.
- Extended benefit periods: While weekly benefits for threshold injuries typically stop after 52 weeks, children may qualify for extended treatment and care benefits if their injuries require ongoing management.
- Enhanced medical documentation: SIRA now requires detailed medical records, including specialist reports and child development assessments, to assess long-term impacts on a child's mobility, cognition, or emotional well-being.
- Regional processing variations: Claims in the Blue Mountains and Nepean may face longer processing times due to local SIRA office workloads, though this is not guaranteed and depends on individual circumstances.
Practical Steps for Families
When a child is injured in a motor accident, families should:
- Seek immediate medical attention to document injuries and establish a medical timeline.
- Preserve evidence: Collect accident reports, witness statements, and photographs of the scene. For children, include school records or developmental milestones if injuries affect learning or behavior.
- Notify the at-fault driver's insurer through the CTP scheme. SIRA's online portal allows claims to be submitted directly, though children under 18 must have a parent or guardian act on their behalf.
- Request a medical assessment from a specialist familiar with child injury claims. SIRA's guidelines emphasize that children's injuries require assessment by a paediatrician or trauma specialist.
Time Limits and Dispute Resolution
CTP claims must be submitted within five years of the accident, though this period may be shorter if the injury was not discovered immediately. Families should act quickly, as delays can jeopardize eligibility for benefits.
If a claim is disputed, families can:
- Request a review through SIRA's internal appeals process.
- Seek independent medical opinion to challenge a rejected claim.
- Consult a solicitor if the dispute involves complex issues like long-term impairment or lifetime care needs.
When to Seek Legal Advice
While SIRA provides a no-fault claims process, families should consider legal assistance if:
- The injury involves whole person impairment (WPI) assessments, which require expert medical evidence.
- The child's injury affects daily living activities like mobility, speech, or cognitive function.
- The claim involves interstate drivers or complex fault scenarios.
- The family needs help navigating regional processing delays in the Blue Mountains or Nepean.
Example Scenario
Consider a 7-year-old child involved in a low-speed collision in the Blue Mountains. The child sustains a soft-tissue injury with no immediate neurological signs. Under the 2017 reforms, the injury would be classified as a threshold injury, entitling the family to weekly benefits and treatment costs. However, if the child later develops chronic pain requiring ongoing therapy, the claim could transition to a long-term impairment assessment.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.