Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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).
Dependants of deceased motor accident claimants in NSW may be eligible for death benefits under the Motor Accident Injuries Act 2017. Preparing for medical assessments is a critical step in claiming these benefits. This article explains the legal framework, evidence requirements, and practical steps dependants should take when seeking compensation in Ashfield NSW.
Legal Framework for Death Benefits
Under the Motor Accident Injuries Act 2017, dependants of deceased claimants can claim death benefits if the deceased's injuries were caused by a motor accident. SIRA (State Insurance Regulatory Authority) administers these claims, assessing whether the deceased's injuries met the 'threshold injury' criteria. For dependants, SIRA evaluates whether the deceased's death resulted from a motor accident and whether the dependant's financial or domestic reliance qualifies them for benefits.
Evidence Required for Dependants
To support a death benefits claim, dependants must provide:
- Medical evidence confirming the deceased's injuries and cause of death
- Proof of financial dependency (e.g., income records, evidence of financial support)
- Documentation of domestic reliance (e.g., care for children, elderly relatives)
- Medical reports from treating practitioners assessing the deceased's condition
SIRA may request independent medical assessments to evaluate the deceased's injuries and the dependant's claim. These assessments are typically conducted by SIRA-approved medical practitioners.
Preparing for CTP Medical Assessments
Dependants should:
- Gather all relevant medical records and correspondence with healthcare providers
- Document the deceased's financial support role (e.g., income, childcare, household responsibilities)
- Consult with a medical professional to understand how injuries impacted the deceased's ability to work or care for dependants
- Prepare a list of questions for the medical assessor to clarify how injuries relate to the claim
Medical evidence must directly link the deceased's condition to the accident.
Time Limits and Dispute Options
Dependants must submit a claim within 52 weeks of the accident if the deceased's injuries were threshold injuries. For non-threshold injuries, claims must be made within 52 weeks of the injury date. If SIRA denies a claim, dependants can request a review or seek independent medical opinions to challenge the decision.
Example Scenario
Consider a case where a parent dies in a car accident. Their child, who relied on the parent for financial support and childcare, may claim death benefits. SIRA would assess whether the deceased's injuries were caused by the accident and whether the child's dependency qualifies them for benefits. Medical records showing the deceased's pre-accident income and the child's reliance on that income would be critical evidence.
When to Seek Legal Advice
While SIRA handles most claims, dependants should consult a legal professional if:
- The claim is denied and they wish to challenge the decision
- There are disputes over the deceased's injuries or dependency
- The claim involves complex financial or domestic reliance issues
Next Steps
CTP death benefits depend on the accident date, injury type, and evidence provided. To request contact about your circumstances, complete the quick, no obligation enquiry form.