Common Mistakes in Child Injury CTP Claims
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
When a child is injured in a motor accident in NSW, parents and guardians must navigate the Compulsory Third Party (CTP) claims process carefully. Common errors include failing to document injuries promptly, missing time limits, or not seeking legal advice for complex cases. These mistakes can jeopardize compensation for medical treatment, lost income, or long-term care. Understanding the NSW CTP scheme and SIRA’s requirements is essential to avoid avoidable setbacks.
Key CTP Rules for Child Injuries
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries caused by motor vehicles, including soft tissue injuries like whiplash. For children, the same statutory benefits apply as for adults, but the process requires extra attention to medical evidence. SIRA’s guidelines emphasize that injuries must meet the 'threshold injury' criteria to qualify for benefits. A spinal nerve-root injury producing neurological signs may still count as a soft-tissue injury, but radiculopathy requires specific clinical signs.
Critical Evidence to Avoid Rejections
To support a child’s claim, parents must gather: medical records confirming the injury’s date and nature, accident reports from police or witnesses, and evidence of the child’s pre-accident lifestyle. For example, if a child’s injury affects their ability to attend school, school attendance records can demonstrate the impact. Delayed reporting of injuries, such as waiting weeks to seek medical attention, can lead to claim rejections, as SIRA requires prompt documentation.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury.' For more severe injuries, the 52-week limit does not apply, but all claims must be made within 10 years of the accident. If a claim is rejected, parents can request a review through SIRA’s internal process or seek legal assistance to challenge the decision. In Newcastle and Hunter, local SIRA offices handle claims, but regional nuances may require tailored advice.
When to Seek Legal Help
Complex cases, such as disputes over fault, overlapping workers’ compensation claims, or long-term care needs, often require legal expertise. A solicitor can help navigate SIRA’s claims process, ensure all evidence is properly submitted, and challenge rejections based on legal grounds. Parents should also seek legal advice if the child’s injury results in a whole-person impairment rating, as this affects compensation calculations.
Example Scenario
A 10-year-old child is injured in a car accident in Newcastle. The parents delay seeking medical attention for two weeks, then submit a claim with incomplete records. SIRA rejects the claim, citing the 52-week rule for threshold injuries. The parents later learn that the child’s injury met the threshold criteria but was not documented promptly, leading to a loss of benefits. This highlights the need for immediate medical attention and thorough record-keeping.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.