Time Limits for Child Injury Claims in NSW CTP Scheme
Under NSW law, families seeking compensation for a child injured in a motor accident must act quickly. The Compulsory Third Party (CTP) scheme administered by SIRA has strict time limits for claims, which vary depending on the child's age and the nature of the injury. This article explains how these deadlines apply to child injuries and what families in Bega should know.
Key Time Limits for Child Injuries
The Motor Accident Injuries Act 2017 (MAIA) sets a 52-week deadline for claiming weekly benefits or treatment and care benefits. This applies if the child's injury is a 'threshold injury', a soft tissue injury or a psychological injury that does not meet the criteria for a recognised psychiatric illness (e.g., adjustment disorder or acute stress disorder). However, if the injury results in long-term impairment or requires ongoing care, the time limit may be extended.
For example, a child with a minor soft tissue injury like a bruise or sprain would fall under the threshold injury rules. But a child with a spinal injury requiring surgery or a brain injury causing cognitive difficulties would not qualify as a threshold injury, and the 52-week period may not apply.
How Time Limits Work in Practice
The 52-week period starts on the date of the injury, not the date of the accident. If the injury is a threshold injury and the 52-week deadline passes, you may no longer be eligible for weekly benefits or treatment and care benefits. However, if the injury results in long-term impairment, you may still have a claim for damages even after 52 weeks.
For instance, a 10-year-old who suffers a broken arm that heals fully within 52 weeks would fall under the threshold injury rules. But a child with a spinal cord injury requiring ongoing treatment would not qualify as a threshold injury, and the time limit for claiming damages may be extended.
Practical Steps to Meet Deadlines
To ensure your child's claim is processed on time, take these steps:
- Seek immediate medical attention to document the injury and its impact. Medical records are essential for determining whether the injury qualifies as a threshold injury.
- Preserve evidence such as police reports, witness statements, and photographs of the accident scene. These help establish the circumstances of the incident.
- Notify the at-fault driver’s insurer as soon as possible. Delays in notification may affect the claim’s processing.
- Consult a solicitor if the injury is severe or if the insurer disputes the claim. Legal advice can help ensure all deadlines are met.
When to Seek Legal Advice
Families should contact a solicitor if:
- The injury is severe or results in long-term impairment.
- The insurer denies the claim or disputes the type of injury.
- The 52-week deadline is approaching and the family is unsure whether the injury qualifies for benefits.
- The claim involves complex issues like contributory fault or overlapping workers’ compensation claims.
Legal professionals can help navigate the CTP scheme, ensure all deadlines are met, and challenge decisions that may unfairly limit benefits.
Next Steps
CTP entitlements depend on the date of the accident, the child’s age, and the nature of the injury. Families in Bega should act quickly to preserve their rights. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.