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 NSW, understanding your CTP claim options is critical. CRPS is a complex condition that may qualify for compensation under the Motor Accident Injuries Act 2017, but the process requires careful navigation. This guide explains how SIRA assesses CRPS claims, what treatment costs are covered, how to document your symptoms, and the compensation options available.
How SIRA Assesses CRPS Claims
SIRA evaluates CRPS claims based on the Motor Accident Guidelines, which define threshold injuries. To qualify, your CRPS must meet specific neurological criteria. For example, the condition must involve a spinal nerve-root injury producing neurological signs beyond radiculopathy. A specialist report confirming your diagnosis and linking it to the road trauma is essential. SIRA will also consider whether your CRPS meets the 'whole person impairment' threshold, which determines if you're eligible for additional damages.
Treatment Costs Covered for CRPS
Under the CTP scheme, treatment and care benefits cover reasonable and necessary medical expenses. This includes physiotherapy, specialist consultations, and medications prescribed for CRPS. You must provide invoices and medical records to support your claim. SIRA may also cover transportation costs to appointments if your injury limits your mobility.
Documenting CRPS Symptoms for a CTP Claim
Proving your CRPS injury requires thorough documentation. Keep a detailed journal of your symptoms, including pain intensity, sleep disturbances, and how your daily activities are affected. Medical records should show a clear connection between your road trauma and the onset of CRPS. A specialist report confirming your diagnosis and its link to the accident is crucial. For example, if your CRPS began after a car accident, your doctor should explicitly state this.
Compensation Options for CRPS-Related Pain and Disability
If your CRPS meets the threshold injury criteria, you may receive weekly benefits for 52 weeks. After this period, benefits typically stop unless your injury is classified as a 'whole person impairment' (e.g., severe, long-term disability). You may also claim treatment costs and, in some cases, a lump sum if your CRPS significantly impacts your ability to work. Note that only injuries resulting from the accident are covered, so pre-existing conditions are excluded.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim weekly benefits, but this period may extend if your injury is not immediately apparent. If your CRPS worsens over time, you must notify SIRA within 52 weeks of the injury's onset. Disputes over claim denials can be resolved through SIRA's review process, but legal advice is recommended for complex cases. Always act promptly to avoid missing deadlines.
Practical Steps for Injured People in Auburn
- Seek immediate medical attention and ensure your CRPS is diagnosed by a specialist.
- Gather all medical records, including specialist reports and treatment invoices.
- Document your symptoms daily, noting how your condition affects your life.
- Notify SIRA within 52 weeks of your injury's onset.
- Consider consulting a legal professional if your claim is denied or if you need help navigating the process.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.