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've developed chronic regional pain syndrome (CRPS) following a road trauma in Balmain, NSW, understanding how to document your injury for a CTP claim is critical. This guide explains the medical evidence, symptom tracking and legal steps required under the NSW CTP scheme to support your claim.
NSW CTP Rules for CRPS Claims
Under the Motor Accident Injuries Act 2017, CRPS injuries may qualify for statutory benefits if they meet the 'threshold injury' definition in the Motor Accident Guidelines. This requires medical evidence showing a neurological injury with persistent pain and functional limitation. SIRA's guidelines emphasize that CRPS claims must demonstrate a direct link between the road trauma and your condition.
Essential Evidence for CRPS Claims
To support your claim, you must compile:
- Medical records showing CRPS diagnosis, including MRI/CT scans and specialist reports
- Symptom journal tracking pain intensity, swelling and functional impact over time
- Accident report from NSW Police or the driver's insurance company
- Witness statements from anyone who saw the collision
- Income records to claim weekly benefits if your injury affects your ability to work
Tracking CRPS Symptoms for CTP Claims
Keep a detailed diary of:
- Pain levels (using a 0-10 scale)
- Swelling or temperature changes in affected limbs
- Sleep disturbances and daily activity limitations
- Any treatment received and its effectiveness
This documentation helps prove the ongoing impact of your injury, which is essential for claiming weekly benefits beyond the 52-week statutory limit.
SIRA Guidelines for CRPS Documentation
SIRA requires claims to:
- Show a direct causal link between the road trauma and CRPS
- Demonstrate that your injury meets the 'threshold injury' definition
- Provide evidence of ongoing treatment and medical management
- Include a specialist's opinion on your injury's long-term impact
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. For more severe injuries, you may have longer to claim damages, but this depends on your medical evidence. If your claim is disputed, you can:
- Request a review from SIRA
- Seek independent medical opinion
- Consult a solicitor for dispute resolution
When to Seek Legal Advice
Contact a specialist CTP lawyer if:
- Your injury is not classified as a threshold injury
- You're unsure about your claim's viability
- You need help navigating SIRA's complex documentation requirements
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.