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 can be complex to assess under NSW's Compulsory Third Party (CTP) scheme. This article explains how injured people in Balmain can understand their options, what evidence matters, and how SIRA evaluates CRPS claims. It also covers common pitfalls to avoid.
How Is CRPS Assessed Under NSW CTP Claims?
Under the Motor Accident Injuries Act 2017, CRPS is evaluated as a 'threshold injury' if it meets specific medical criteria. SIRA considers whether the condition is caused by the accident and whether it results in ongoing pain, disability, or functional loss. Unlike common law claims, CTP benefits focus on statutory entitlements, not damages for pain and suffering. For example, a person with CRPS requiring ongoing treatment may qualify for weekly income payments or treatment and care benefits, depending on their impairment rating.
What Evidence Is Needed to Prove CRPS for CTP Claims?
Injured people must provide medical documentation showing a clear link between the accident and CRPS. This includes:
- A diagnosis from a medical practitioner confirming CRPS
- Evidence of neurological signs, such as abnormal reflexes or skin changes
- A statement from a doctor explaining how the condition affects daily activities
- Records of treatment, including physiotherapy or specialist consultations
SIRA may also require a report from a registered medical practitioner assessing the injury's impact on the person's ability to work or perform routine tasks.
How Does SIRA Handle CRPS Claims Compared to Other Injuries?
SIRA evaluates CRPS using the Motor Accident Guidelines, which define threshold injuries as those requiring treatment and causing functional limitation. Unlike other injuries, CRPS claims often involve long-term management rather than a fixed recovery period. For instance, a person with CRPS might receive weekly benefits for 52 weeks if their injuries are classified as 'only threshold injuries, ' but this depends on the specific circumstances and medical evidence.
Common Mistakes Injured People Make with CRPS CTP Claims
- Delaying medical attention: Failing to seek treatment promptly can weaken a claim, as SIRA requires a clear connection between the accident and the injury.
- Not documenting symptoms: Keeping a pain diary or recording how CRPS affects daily life can strengthen a claim.
- Ignoring SIRA's requirements: Claims must include all necessary evidence, such as accident reports, witness statements, and medical records.
- Assuming all CRPS cases qualify for benefits: SIRA assesses each case individually, so not all CRPS injuries will meet the criteria for statutory benefits.
Time Limits and When to Seek Advice
Injured people in NSW have two years from the accident date to make a CTP claim, though this may vary if the injury was not immediately apparent. Delays can jeopardize eligibility for certain benefits, such as weekly income payments. If a claim is disputed, injured people should seek legal advice to challenge SIRA's decision or explore alternative remedies, such as a common law damages claim.
Practical Steps for Balmain Residents
Injured people in Balmain should:
- Visit a registered medical practitioner to document CRPS symptoms
- Gather evidence of the accident, including photos, witness details, and police reports
- Submit a claim to SIRA within the required timeframe
- Consider consulting a solicitor if their claim is rejected or disputed
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.