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).
Military personnel injured in motor accidents on NSW roads may have unique considerations when pursuing Compulsory Third Party (CTP) compensation. This article explains how SIRA assesses daily activity capabilities, what evidence is needed to prove return to routine tasks, and how NSW insurers evaluate claims from service members in Bankstown. The focus is on practical steps and legal distinctions relevant to your circumstances.
How SIRA Assesses Daily Activity Capabilities
Under NSW CTP laws, SIRA evaluates whether an injured person can perform daily activities such as cooking, cleaning, or managing personal finances. For military personnel, this assessment considers both civilian and service-related functional abilities. Medical professionals must document:
- Specific daily tasks impacted by the injury
- Pre-injury activity levels
- Objective evidence of functional capacity
SIRA's guidelines emphasize that assessments must be based on clinical evidence, not assumptions. For example, a service member recovering from a soft tissue injury may need to demonstrate they can safely lift equipment or perform physical duties consistent with their military role.
Documentation Required for Daily Activity Claims
To support a claim about returning to daily activities, you must provide:
- Medical records showing injury progression and functional recovery
- Statements from healthcare providers about activity limitations
- Evidence of pre-injury daily routines (e.g., work logs, fitness records)
- Witness accounts of your ability to perform routine tasks
Insurers may request detailed activity diaries or fitness assessments. For military personnel, service medical records can also serve as critical evidence of pre-injury capabilities.
How NSW CTP Insurers Evaluate Military Claims
Insurers assess claims based on the Motor Accident Injuries Act 2017 and SIRA's claim management protocols. Key factors include:
- Whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines
- The duration of daily activity limitations
- Whether the injury impacts service-related duties
Military personnel may need to provide additional evidence about how the injury affects their ability to perform specific military tasks. SIRA's 'What you can claim' page outlines how daily activity capabilities are integrated into overall compensation assessments.
Practical Steps for Bankstown Claimants
- Seek immediate medical attention to document injury impacts on daily activities
- Keep detailed records of your pre-injury routine and current limitations
- Notify your insurer within 52 weeks of the accident (per the 52-week statutory benefit rules)
- Request a functional capacity assessment from your treating physician
If your claim is disputed, you may need to escalate to SIRA's review process. Military personnel should also consider consulting a solicitor familiar with service-related injuries.
When to Seek Legal Advice
CTP claims involving military personnel often require specialist knowledge of:
- Service-related injury classifications
- How daily activity assessments interact with whole person impairment ratings
- The unique evidentiary standards for veterans and service members
A solicitor can help ensure your claim accurately reflects your pre-injury capabilities and current functional status.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.