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).
Chronic regional pain syndrome (CRPS) following a road trauma is a complex injury that may qualify for NSW Compulsory Third Party (CTP) compensation. This article explains how SIRA assesses CRPS claims, outlines practical steps for claimants in Balmain, and provides a hypothetical example to illustrate the process.
How SIRA Handles CRPS Claims
SIRA evaluates CRPS claims under the Motor Accident Injuries Act 2017. CRPS is classified as a 'threshold injury' if it meets specific neurological and clinical criteria, such as persistent pain and abnormal skin changes. SIRA's Motor Accident Guidelines define CRPS as a condition that may entitle claimants to treatment and care benefits, weekly income payments, and lump sum damages depending on the injury's severity and impact.
Practical Steps and Evidence for CRPS Claims
To support a CRPS claim, claimants must provide:
- Medical records confirming the diagnosis and linking it to the road trauma
- A detailed account of symptoms and how they affect daily life
- Evidence of treatment, such as therapy records or specialist reports
- Police reports or witness statements to establish the accident's circumstances
In Balmain, claimants should contact SIRA directly to report the injury and submit all documentation promptly. Delaying notification may reduce benefits, as certain payments are limited to 52 weeks after the accident if only threshold injuries are involved.
Time Limits and When to Seek Advice
Claimants must notify SIRA within 52 weeks of the accident to access statutory benefits. However, this timeframe does not apply to claims for damages, which depend on the injury's long-term impact. If symptoms worsen or new complications arise, claimants should seek legal advice to explore additional compensation.
Hypothetical Example: Balmain Case
A 42-year-old Balmain resident suffered a road trauma resulting in CRPS affecting their left leg. Medical records showed persistent pain, swelling, and temperature changes in the limb. SIRA accepted the claim for treatment benefits and weekly payments, while a solicitor later pursued damages after confirming the injury's lasting impact on the claimant's ability to work.
Next Steps
CTP claims involving CRPS depend on accurate diagnosis, timely reporting, and evidence of long-term effects. If your circumstances are unique, complete the quick, no obligation enquiry form to discuss your options.