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 NSW road accidents may face unique challenges when pursuing CTP claims, particularly when recovery impacts their ability to return to daily activities. Under the Motor Accident Injuries Act 2017 (MAIA), claims are assessed based on medical evidence and rehabilitation progress. This article explains how SIRA evaluates daily activity capabilities, the documentation required to support claims, and how delays in the process may affect rehabilitation timelines for service members in Western Sydney.
How SIRA Assesses Daily Activity Capabilities
SIRA evaluates whether an injured person can perform everyday tasks such as cooking, cleaning, or managing personal care based on medical evidence. For military personnel, this assessment considers both physical and cognitive impairments, including those affecting mobility, coordination, or memory. Medical professionals must document how injuries impact daily routines, such as difficulty lifting objects or prolonged recovery periods. SIRA also reviews rehabilitation plans to determine if activities can be resumed safely.
Documentation Needed to Prove Daily Activity Recovery
To support a CTP claim related to returning to daily activities, injured service members must provide:
- Detailed medical records showing injury progression and recovery
- Rehabilitation plans from physiotherapists or occupational therapists
- Evidence of completed tasks (e.g., a log of independent meal preparation)
- Statements from healthcare providers about functional limitations
- Proof of any assistive devices used during recovery
These records help demonstrate whether injuries prevent or delay daily activities, which is critical for determining eligibility for ongoing benefits.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if only threshold injuries (soft tissue injuries meeting specific medical criteria) are involved. For more severe injuries, claims can proceed beyond this period but must include evidence of ongoing impairment. Delays in submitting documentation or disputes over medical assessments may prolong rehabilitation timelines, especially for military personnel with complex recovery needs.
Military personnel should seek legal advice if claims are contested, benefits are denied, or rehabilitation progress is questioned. Independent legal review can help ensure claims align with SIRA guidelines and MAIA requirements.
When to Seek Legal Advice
Legal counsel is essential when:
- Medical evidence is unclear or contested
- Rehabilitation timelines are disputed
- Claims are denied due to procedural errors
- Benefits are cut off before recovery is complete
A solicitor can help navigate SIRA's requirements, challenge incorrect assessments, and ensure military personnel receive fair compensation for injuries affecting daily life.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.