Child injury claims, scheme eligibility basics (Auburn)
If your child was injured in a motor accident in NSW, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains who qualifies, what evidence is needed, and how the scheme handles child claims in Auburn.
Who is eligible for CTP compensation after a child injury?
Under the NSW CTP scheme, children are eligible for compensation if they were injured in a motor accident. This includes drivers, passengers, pedestrians, cyclists, and motorcyclists. The child must be under 18 years old at the time of the accident. The scheme covers injuries such as broken bones, head injuries, and soft tissue injuries, provided they meet the definition in the Motor Accident Guidelines.
What documentation is needed for a child injury claim?
To claim compensation, you’ll need to provide evidence of the child’s injury and the accident. Key documents include:
- Medical records confirming the injury and its link to the accident
- Police reports or accident reports
- Witness statements
- Photographs of the accident scene
- Proof of the child’s income or loss of income if applicable
The New South Wales Motor Accident Injuries Act 2017 outlines that claims must be made within 52 weeks of the injury, unless the injury is a 'threshold injury' (a minor injury like a bruise or sprain). For threshold injuries, weekly benefits are limited to 52 weeks.
How does the CTP scheme handle child claims in Auburn?
Auburn is a NSW locality, so the CTP rules apply as they do statewide. Claims for children are processed under the same framework as adult claims, but the child’s age and injury type will influence the outcome. For example, a child with a soft tissue injury may receive treatment and care benefits, while a more severe injury could qualify for weekly income payments.
Time limits and when to seek advice
Claims must be submitted within 52 weeks of the injury. If the child’s only injuries are threshold injuries, benefits will generally stop after 52 weeks. If you’re unsure whether your child’s injury qualifies, seek legal advice promptly. Delays can affect eligibility for certain benefits.
Example: A child with a soft tissue injury
Consider a 10-year-old who was hit by a car and suffered a bruised knee. Under the Motor Accident Guidelines, this would be a threshold injury. The child would receive treatment benefits for 52 weeks, but no weekly income payment. If the injury required surgery, it might qualify for additional compensation.
Next steps
CTP claims depend on the accident date, injury type, and evidence collected. If you’re unsure whether your child’s injury qualifies, contact a legal professional for guidance. Complete the quick, no obligation enquiry form to request contact about your circumstances.