Child Injury Claims in NSW: What Families Need to Know
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 NSW, understanding your legal options under the Compulsory Third Party (CTP) scheme is critical. The NSW government’s State Insurance Regulatory Authority (SIRA) administers CTP claims, which provide compensation for injuries caused by motor vehicle accidents. This article explains the key considerations for families in Auburn seeking support for child injuries, including eligible claims, documentation requirements, and time limits.
What Types of Claims Are Available for Children?
Under the Motor Accident Injuries Act 2017, children injured in motor accidents may claim for:
- Medical treatment costs (including specialist care, therapy, and equipment)
- Lost income if a parent or carer is unable to work due to the injury
- Care and assistance costs for daily living
- Pain and suffering (if the injury meets the 'threshold injury' criteria)
SIRA handles these claims separately from adult claims, with specific rules for children. For example, children under 18 are eligible for weekly income payments regardless of whether their injury meets the threshold injury definition.
How Does SIRA Handle Child Injury Claims?
SIRA evaluates child injury claims based on the same medical guidelines as adult claims, but with adjustments for age-related factors. Key considerations include:
- Medical documentation must show the injury’s impact on the child’s daily life and future needs
- Threshold injury assessments require a spinal nerve-root injury producing neurological signs (excluding radiculopathy) or specified clinical signs of radiculopathy
- Weekly income payments are available for children under 18, even if their injury does not meet the threshold injury definition
Families should note that SIRA’s assessment process for children focuses on long-term needs, including potential future care requirements.
What Documentation Is Required?
To support a child injury claim, families must provide:
- Medical records detailing the injury, treatment, and prognosis
- Accident reports from police or the involved parties
- Witness statements (if available)
- Photographs of the accident scene and vehicle damage
- Income records showing lost wages or care costs
- Correspondence with insurers or SIRA
Medical professionals must complete the required forms on SIRA’s website, confirming the injury’s impact on the child’s health and future.
How Are Medical Costs Funded?
CTP claims cover all reasonable medical treatment costs for the injured child, including:
- Emergency care
- Specialist consultations
- Physiotherapy and occupational therapy
- Assistive devices (e.g., mobility aids)
- Mental health services
Families should ensure all treatment is documented and submitted to SIRA within 52 weeks of the accident. After this period, weekly benefits for threshold injuries are generally limited, though long-term care needs may still qualify for additional support.
Common Mistakes Families Make
- Delaying medical treatment - Delaying care can affect both the child’s recovery and the claim’s viability
- Failing to notify SIRA promptly - Claims must be reported within 52 weeks of the accident
- Not documenting all evidence - Missing records can weaken the claim
- Assuming all injuries qualify for compensation - Only injuries meeting the threshold injury definition (or other specific criteria) are eligible
When to Seek Legal Advice
Families should consult a legal professional if:
- The child’s injury involves complex medical conditions
- There are disputes over fault or contributory negligence
- The claim exceeds the standard CTP benefits
- The injury requires long-term care or future income support
Legal experts can also help navigate SIRA’s assessment process and ensure all claim requirements are met.
Next Steps for Families in Auburn
CTP claims for children require careful attention to medical evidence, time limits, and SIRA’s specific rules. While this article provides general guidance, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.