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).
When a child is injured in a motor accident in New South Wales, caregivers and families must understand how the Compulsory Third Party (CTP) scheme applies to their situation. This article explains the legal framework, practical steps, and unique challenges faced by families in regional NSW when seeking compensation for a child's injury.
What Claims Are Available for Children in Regional NSW?
Under the Motor Accident Injuries Act 2017, children injured in motor accidents may be eligible for specific benefits. These include:
- Medical treatment and care benefits to cover costs like physiotherapy or specialist consultations.
- Weekly income payments if the child is unable to attend school or participate in activities.
- Caregiver support payments for families needing additional help due to the child's injury.
- Out-of-pocket expenses such as transportation to medical appointments.
SIRA (State Insurance Regulatory Authority) administers these claims, but families in regional NSW may face longer processing times or limited access to support services compared to metropolitan areas.
Practical Steps for Caregivers and Families
Caregivers should take these actions immediately after an accident:
- Seek medical attention to document injuries, as medical records are critical for claims.
- Preserve evidence like accident reports, witness statements, and photographs of the scene.
- Notify the at-fault driver's insurer through SIRA's claims portal (https://www.sira.nsw.gov.au/claims/motor-accidents/making-a-claim).
- Keep records of all expenses related to the child's care, including receipts for medical treatments and lost income.
Families should also consider whether the child's injury meets the 'threshold injury' criteria under the Motor Accident Guidelines. This determines eligibility for certain benefits and affects how long weekly payments can be received.
Regional NSW Considerations
In regional areas, families may need to:
- Travel longer distances to access medical services or SIRA offices.
- Seek assistance from local legal services if claims are disputed or complex.
- Understand that SIRA's 52-week limit applies to weekly income payments if only threshold injuries are involved. After 52 weeks, benefits may reduce unless the child has a whole-person impairment rating of 10% or more.
A hypothetical example: A 9-year-old child injured in a car accident may receive weekly payments for 52 weeks if their injuries meet the threshold. If they later develop a 15% impairment rating, payments could continue beyond this period.
When to Seek Legal Advice
Families should consult a solicitor if:
- The child's injuries require long-term care.
- There are disputes over fault or claim processing.
- The family needs assistance navigating SIRA's regional support services.
- The child's condition worsens, requiring a reassessment of benefits.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident, unless the child is under 18 and the injury is not immediately apparent. If a claim is denied, families can request a review through SIRA's internal process or seek independent medical opinions.
Next Steps for Families
Understanding the CTP scheme is essential for caregivers managing claims for injured children. Regional NSW families may face additional challenges, including limited access to support services and longer processing times. To request assistance tailored to your circumstances, complete the quick, no obligation enquiry form.