How SIRA Assesses Child Injury Claims in NSW CTP
- If your child was injured in a motor accident in New South Wales, the
- Compulsory Third Party* (CTP) scheme provides compensation through the
- State Insurance Regulatory Authority* (SIRA). SIRA applies specific rules to child injury claims, which differ from adult claims. This article explains how SIRA evaluates claims for children, what benefits are available, and key considerations for families.
Key Differences in SIRA's Approach to Child Claims
SIRA treats child injury claims differently because minors may have unique needs. For example, a child’s ability to work or earn income is not considered when assessing weekly payments. SIRA also prioritizes long-term care needs, such as therapy or medical equipment, which may not be as relevant for adults.
Unlike adult claims, SIRA must consider the child’s age and developmental stage when determining the type and amount of compensation. This includes assessing whether the injury affects the child’s ability to attend school, play, or engage in normal activities.
Available Claims for Children Under NSW CTP
Children injured in motor accidents may be eligible for:
- Medical treatment and care benefits - covering therapy, medication, and specialist visits.
- Weekly income payments - if the child’s injury prevents them from attending school or participating in activities.
- Out-of-pocket expenses - such as transportation to medical appointments or school supplies.
- Lifelong care costs - if the injury results in a permanent condition requiring ongoing support.
SIRA also considers the child’s family’s financial situation when determining weekly payments, ensuring the compensation reflects the child’s needs rather than the family’s income.
Time Limits and Medical Assessments
You must notify SIRA of the accident within 90 days of the incident. Delays may reduce the compensation available. SIRA requires medical evidence to support claims, including:
- Doctor’s reports confirming the injury.
- Evidence of how the injury affects the child’s daily life.
- Records of any treatment received.
For children, SIRA may also require assessments from child psychologists or pediatric specialists to evaluate emotional or developmental impacts.
When to Seek Legal Advice
SIRA’s rules for child injury claims are complex, and families may need assistance navigating the process. A legal professional can help ensure all evidence is submitted correctly and that the child’s needs are fully considered. Legal advice is particularly important if the claim is disputed or if the injury results in long-term care requirements.
Practical Steps for Families
- Seek immediate medical attention to document the injury.
- Collect evidence such as medical records, accident reports, and witness statements.
- Notify SIRA within 90 days of the accident.
- Keep records of all expenses related to the injury.
- Consult a legal professional if the claim is denied or if the injury requires ongoing support.
Next Steps
CTP claims for children require careful handling to ensure the child’s needs are fully addressed. SIRA’s rules are designed to protect minors, but families may need guidance to navigate the process. If your child has been injured in a motor accident, contact LegalAdvice.com.au to discuss your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.