Financial and Medical Support for Children Recovering from a Motor Accident
A child injured in a motor accident in New South Wales may be entitled to support under the Compulsory Third Party (CTP) insurance scheme, which operates under the Motor Accident Injuries Act 2017 (MAIA). This support is designed to help the child recover and return to daily activities such as school, sports, and social engagement. The type and duration of support depend on the nature of the injury, its impact on daily life, and whether the injury meets the legal definition of a threshold injury. Entitlements are not automatic and must be established through medical evidence and formal claim processes.
What Benefits Are Available for Recovery and Daily Function
The CTP scheme provides treatment and care benefits to cover medical and allied health services necessary for recovery. These may include physiotherapy, psychology, occupational therapy, and specialist assessments. The goal is to restore function and enable participation in everyday life. Weekly income payments may also be available if the child was earning income prior to the accident, or if a parent is required to reduce work hours to care for the child.
The impact of the injury on daily activities is assessed using the Motor Accident Injuries (MAI) Guidelines. These guidelines define how injuries affect basic functions such as walking, concentrating, sleeping, eating, and engaging in school or recreational activities. For children, recovery progress is documented through medical reports, school attendance records, and daily activity logs. These records are essential to demonstrate the effect of the injury and to justify ongoing support.
Evidence Required to Support a Claim
To support a claim, parents and caregivers should ensure all medical treatment is documented by a registered medical practitioner. This includes diagnosis, treatment plans, progress notes, and referrals to specialists such as paediatric physiotherapists or child psychologists. Evidence that shows changes in the child’s daily life is also critical. Useful records include:
- School reports or teacher statements about changes in concentration, attendance, or participation
- Photographs or videos showing mobility or functional limitations
- A diary or log of daily activities, including days when the child missed school, sports, or family events
- Witness statements from teachers, coaches, or family members who observed changes in behaviour or abilities
- Correspondence with the insurer, including letters, emails, or call records
These materials help establish the extent of the injury’s impact and are used to determine eligibility for benefits under the CTP scheme.
Threshold Injuries and the 52-Week Limit
If a child’s only injuries are classified as threshold injuries under the MAIA, the weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. A threshold injury includes soft tissue injuries to the neck or back, as defined in the MAIA. The presence of neurological signs such as numbness, tingling, or weakness in a limb (radiculopathy) must be confirmed by clinical and imaging evidence to fall within the threshold definition. A spinal nerve-root injury with neurological signs other than radiculopathy may still be considered a threshold injury.
If the injury results in a whole person impairment (WPI) of 10% or more, or causes permanent loss of function, the child may be eligible to claim damages through a common law claim. This is not automatic and depends on medical evidence and legal assessment. The 52-week limit applies only where the only injuries are threshold injuries. If a non-threshold injury is present, benefits may continue beyond 52 weeks.
When to Seek Independent Advice
Every claim depends on its own facts. The available options may depend on the accident date, injury type, medical evidence, and claim history. Time limits and procedural requirements may apply. To request contact about the next step, complete the quick, no obligation enquiry form.