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're claiming compensation for domestic duties care costs under NSW's Compulsory Third Party (CTP) scheme, you'll need to provide detailed evidence to support your claim. This checklist outlines the documentation required to demonstrate how your injuries have impacted your ability to perform household tasks, as guided by SIRA's requirements.
What Documentation is Required for Domestic Duties Care Claims?
Under the Motor Accident Injuries Act 2017, claimants must prove that their injuries have limited their capacity to perform daily activities. For domestic duties care, this includes evidence of:
- Medical reports confirming your injury's severity and functional limitations
- Records from care providers (e.g., cleaners, cooks, or personal assistants)
- Invoices or receipts for care services
- Aged care or disability support documentation
- Evidence of household responsibilities before the accident
- Statements from family members or carers detailing the care needed
SIRA's guidelines emphasize that claims must show a direct link between the accident and the need for domestic support. For example, if you can no longer cook due to hand injuries, you must provide evidence of this limitation and the cost of alternative meal preparation.
How to Organize Evidence for Domestic Care Costs
Create a clear timeline of your injuries and care needs. Start by gathering:
- Medical evidence: Obtain a report from your treating medical practitioner explaining how your injuries affect daily living. This should include details about mobility, dexterity, and any neurological impairments.
- Care provider records: Keep invoices, service logs, and correspondence from caregivers. If using a registered nurse for cleaning, ensure records show the frequency and nature of assistance.
- Cost documentation: Maintain receipts for all care-related expenses. If you've hired a domestic worker, include their rates and the hours worked.
- Witness statements: Family members or friends can attest to your inability to perform household tasks. For instance, a spouse might confirm you can't lift groceries due to back pain.
SIRA Resources for Domestic Duties Claims
SIRA's website provides specific guidance on what constitutes valid evidence for domestic support claims. Their 'What you can claim' page confirms that care costs are recoverable if they result from a threshold injury or whole person impairment. Always reference the latest SIRA guidelines to ensure your documentation meets current standards.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim certain benefits under the CTP scheme. After this period, weekly payments for injuries only stop, though you may still claim for domestic care if it's tied to a permanent impairment. If your claim involves complex evidence or disputes, consult a legal professional to avoid procedural errors.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.