Chronic Pain Claims, Evidence and Records to Keep in Regional NSW
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 you have suffered chronic pain following a motor accident in regional New South Wales, it is important to understand what evidence and records you should keep to support your CTP claim. Chronic pain claims are handled under the Motor Accident Injuries Act 2017, which governs the CTP scheme in NSW. This article explains what evidence is typically required, what records are important, and how the CTP process handles chronic pain claims.
What Evidence Should Be Kept for a Chronic Pain Claim
When making a CTP claim for chronic pain, you will need to provide evidence that your pain is a direct result of the motor accident. This evidence may include:
- Medical records, These should include your diagnosis, treatment plans, and any notes from your doctors or specialists. It is important to keep all records from the time of the accident onwards.
- Medical reports, Reports from your treating medical practitioners, such as a GP, physiotherapist, or specialist, can help establish the link between your chronic pain and the accident.
- Accident report, If you were involved in a collision, the police report or accident report from the scene can be useful evidence.
- Witness statements, Statements from witnesses who saw the accident can support your claim.
- Photographs, Photos of the accident scene, vehicle damage, or your injuries can be helpful.
- Income records, If your chronic pain has affected your ability to work, records such as payslips, employment records, or a doctor’s note about your capacity to work may be needed.
What Records Are Important for Chronic Pain Claims
In addition to the evidence listed above, you should also keep the following records:
- Medical history, Keep a record of all your past injuries, treatments, and medical conditions. This helps establish that your current chronic pain is new and not a pre-existing condition.
- Treatment records, Keep records of all treatments you have received for your chronic pain, including physiotherapy, medication, and any specialist consultations.
- Communication with insurers, Keep copies of all correspondence with your insurer, including any forms you have completed or documents you have sent.
- Diary or journal entries, If you have been keeping a diary of your pain levels, mobility issues, or how your pain affects your daily life, this can be valuable evidence.
How the CTP Process Handles Chronic Pain Claims
Under the CTP scheme, chronic pain is considered a type of injury that may qualify for compensation. However, the claim must be supported by evidence that the chronic pain is a direct result of the motor accident. The CTP insurer will assess your claim based on the evidence you provide.
For example, injuries that are not considered 'threshold injuries' under the Motor Accident Guidelines may not be eligible for compensation. If your chronic pain is not considered a threshold injury, you may still have a claim under the common law, but this requires legal advice.
When to Seek Legal Advice
If you are unsure whether your chronic pain claim is eligible for compensation, or if you have been denied a claim, it is important to seek legal advice. A solicitor can help you understand your options and ensure that you have the right evidence to support your claim.
Time Limits and Disputes
There are time limits for making a CTP claim. Generally, you have two years from the date of the accident to make a claim. However, this may vary depending on the circumstances of the accident. If you have been denied a claim, you may have the right to dispute the decision, but this should be done with the assistance of a legal professional.
Conclusion
Chronic pain claims after a motor accident in regional NSW require careful evidence gathering and record keeping. By understanding what evidence is needed and what records are important, you can support your CTP claim. If you have questions about your claim or need assistance, you can complete the quick, no obligation enquiry form to request contact about your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.