Children injured in motor accidents in New South Wales may be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains how families in Albury can claim for medical expenses, lost income, and long-term care costs, while highlighting key differences between child and adult claims. Practical steps, evidence requirements, and time limits are outlined based on NSW law.
Types of Compensation Available for Child Injuries
Under the Motor Accident Injuries Act 2017, children injured in motor accidents may claim:
- Medical treatment and care benefits - covering therapy, specialist visits, and equipment.
- Weekly income payments - for parents or carers who cannot work due to caring for the child.
- Long-term care costs - including future medical needs or modifications to the child’s living environment.
- Out-of-pocket expenses - such as transportation to medical appointments.
Children with threshold injuries (soft tissue injuries meeting specific medical criteria) are entitled to benefits for 52 weeks. Severe injuries may qualify for lifetime payments. SIRA’s Motor Accident Guidelines define threshold injuries, including spinal nerve-root injuries with neurological signs.
Key Differences in Child Injury Claims
Unlike adult claims, child injury claims require additional documentation:
- Medical records showing the injury’s impact on the child’s development.
- Evidence of parental or carer income loss - such as payslips or employer statements.
- Statements from teachers or doctors about the child’s ability to attend school or participate in activities.
Claims must be submitted within 52 weeks of the injury for threshold injuries. For non-threshold injuries, the 52-week limit does not apply, but benefits may still be restricted depending on the injury’s severity.
Practical Steps and Evidence Needed
Families should:
- Seek immediate medical attention to document the injury.
- Collect accident details - including police reports, witness statements, and photographs of the scene.
- Keep records of all expenses related to the injury.
- Notify the at-fault driver’s insurer through SIRA’s claims portal.
In Albury, local SIRA offices handle claims, and families may need to provide evidence of the child’s injury’s long-term impact. For example, a child with a broken arm requiring surgery and ongoing physiotherapy would need medical records showing the injury’s effect on their mobility.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks for threshold injuries. For non-threshold injuries, the time limit depends on the injury’s nature. If a claim is disputed, families can:
- Request a review from SIRA.
- Seek legal advice to challenge a decision.
Disputes over the severity of a child’s injury are common. For instance, a claimant might dispute whether a child’s concussion qualifies as a threshold injury, requiring medical evidence to support the case.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury involves complex medical conditions.
- There are disputes over benefit calculations.
- The child requires long-term care.
Legal professionals can help navigate SIRA’s process and ensure all evidence meets the CTP scheme’s requirements.
Next Steps
CTP claims for children depend on the injury’s nature, the child’s medical needs, and the timing of the claim. Families in Albury should act quickly to preserve their rights. For tailored guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.