Child Injury Claims, What the PIC Expects in Disputes
If your child was injured in a motor accident in Ashfield, the Personal Injury Commission (PIC) will assess claims based on strict NSW CTP rules. The PIC prioritises evidence showing a direct link between the accident and the child’s injuries, with particular attention to medical documentation and the child’s capacity to recover. This article explains what the PIC typically requires in disputes, how SIRA guidelines apply, and practical steps to support a claim.
Key CTP Rules for Child Injury Claims
Under the Motor Accident Injuries Act 2017, child injury claims are evaluated using the same statutory framework as adult claims, but with additional considerations for minors. The PIC will assess whether the child’s injuries meet the 'threshold injury' definition under the Motor Accident Guidelines, which includes soft tissue injuries with neurological signs. For disputes, the PIC will also review whether the child’s injuries are 'only injuries' under s 4.4 of the Act, which limits weekly benefits after 52 weeks.
The PIC’s focus is on whether the child’s injuries are a direct result of the accident and whether they meet the statutory definition of a 'threshold injury'. This requires medical evidence from a registered medical practitioner confirming the injury’s nature and link to the accident. SIRA guidelines stress that claims involving children must demonstrate a clear connection between the accident and the child’s condition, including any long-term or permanent impairments.
Evidence and Practical Steps for Child Injury Claims
To support a child injury claim in Ashfield, you must gather specific evidence: medical records from a specialist confirming the injury, accident reports, witness statements, and photographs of the scene. The PIC will also consider the child’s medical history and any pre-existing conditions to assess whether the injury is new and directly caused by the accident.
If there is a dispute over the child’s injuries, the PIC may request a medical review or independent assessment. SIRA guidelines advise that claims involving children should include a detailed medical report from a specialist, as the PIC will scrutinise whether the injury meets the threshold definition. For example, a child with a spinal nerve-root injury requiring neurological testing may qualify under the guidelines, while a minor sprain may not.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. If a dispute arises over the child’s injuries, the PIC will review the claim under the Motor Accident Injuries Act 2017 and may refer it to a medical expert for assessment.
When to Seek Legal Advice
If your child’s injury claim is being disputed, it is essential to seek legal advice early. A solicitor can help ensure all required evidence is submitted and that the claim complies with SIRA guidelines. The PIC’s decision on child injury claims is final unless there is a clear error in the assessment process.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.