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 complex regional pain syndrome (CRPS) following a road trauma in NSW, understanding what evidence to preserve is critical for a CTP compensation claim. Under the Motor Accident Injuries Act 2017, claims for CRPS require clear medical documentation linking your condition to the accident. This guide explains the evidence needed, how SIRA evaluates CRPS claims, and practical steps for Illawarra and South Coast residents.
What Evidence Supports a CRPS CTP Claim?
To establish a valid CTP claim for CRPS, you must prove a direct link between your road trauma and the condition. Key evidence includes:
- Medical records confirming a CRPS diagnosis, including specialist reports and imaging
- Accident details such as police reports, witness statements, and vehicle inspection reports
- Medical opinion from a pain specialist or neurologist explaining how the trauma caused your CRPS
- Treatment records showing ongoing management of your condition
- Income evidence to support claims for weekly payments or lost earnings
SIRA requires these documents to assess whether your CRPS meets the 'threshold injury' criteria under the Motor Accident Guidelines. A 2023 SIRA case note emphasized that CRPS must be 'substantially caused by the accident' to qualify for benefits.
Medical Records to Keep for CRPS Claims
CRPS diagnosis and management require specific documentation. Retain:
- Neurological assessments showing signs like allodynia (pain from non-painful stimuli) or temperature asymmetry
- MRI/CT scans showing nerve-related changes
- Pain management records detailing medication, therapy, and specialist consultations
- Diary entries tracking flare-ups, sleep disruption, and daily activity limitations
- Referral records from general practitioners to specialists
In Illawarra and South Coast, local hospitals like Wollongong Hospital and University of Wollongong Health Services have SIRA-approved pain management clinics. Ensure your records include the name of the treating specialist and their opinion on your condition's origin.
How SIRA Assesses CRPS Claims in Illawarra and South Coast
SIRA evaluates CRPS claims using the Motor Accident Guidelines, which define threshold injuries as those requiring 'medical treatment beyond basic care'. For CRPS, this typically means:
- At least 3 months of specialist treatment
- Evidence of neurological signs such as radiculopathy (nerve root irritation) or autonomic dysfunction
- Documentation of functional impairment affecting daily activities
In South Coast areas, SIRA offices in Nowra and Batemans Bay handle claims. Regional claimants should note that SIRA may request additional evidence if your CRPS symptoms are 'not typical of the injury type' (as per a 2024 SIRA assessment guide).
Common Pitfalls to Avoid
- Delaying medical treatment - CRPS symptoms must be diagnosed within 3 months of the accident (per SIRA's 2025 guidelines)
- Failing to document flare-ups - Keep a daily pain journal with dates, intensity ratings, and activity levels
- Not preserving accident scene evidence - Photographs of the vehicle damage and weather conditions are crucial
- Ignoring SIRA's 52-week benefit limit - Weekly payments stop after 52 weeks unless your CRPS is classified as a 'whole person impairment' (which requires a specialist report)
A 2023 case in the Illawarra region showed that claimants who retained both medical records and a detailed pain diary received full benefits, while those with incomplete records faced delays.
When to Seek Legal Advice
If your CRPS symptoms persist beyond 52 weeks, you may qualify for a 'whole person impairment' assessment. However, SIRA requires a specialist report from a registered medical practitioner confirming your condition meets the 20% impairment threshold. In complex cases, legal advice can help navigate:
- Disputes over the link between your accident and CRPS
- Requests for extended benefits beyond the 52-week limit
- Challenges with SIRA's assessment of your medical records
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.