What You Can Claim for Domestic Duties Care
If you were injured in a motor accident in New South Wales, you may be entitled to compensation for assistance with domestic duties if your injuries prevent you from performing household tasks you previously managed. This includes help with cooking, cleaning, laundry, shopping, and other essential home activities. Under the Motor Accident Injuries Act 2017 (MAIA), compensation for domestic duties care is available regardless of whether you were employed outside the home. The claim must be supported by medical evidence showing that your injuries have significantly reduced your capacity to perform these tasks.
How SIRA Assesses the Value of Domestic Duties Care
The State Insurance Regulatory Authority (SIRA) determines the value of domestic duties care based on the actual cost of hiring a professional to perform the tasks. SIRA does not assess claims based on informal arrangements or personal preference. To be eligible, the assistance must be necessary, reasonable, and directly related to injuries sustained in the accident. The cost is calculated using market rates for home care services, not the value of unpaid help from family or friends. SIRA may require evidence such as quotes or invoices from registered home care providers to assess the claim.
Preparing for a Medical Assessment
A medical assessment is a key part of proving your need for domestic duties care. You may be assessed by a medical practitioner appointed by your insurer or an independent assessor. To prepare, gather and keep records of:
- A daily diary showing your ability to perform household tasks before and after the accident.
- Documentation of any assistance received from family or friends, including the type and frequency of help.
- Medical reports from your treating practitioner that detail your injuries and how they limit your physical capacity, such as standing, lifting, or using your hands.
- Quotes or invoices from professional home care services, including the hourly rate and scope of services.
Be prepared to explain how your injuries affect your ability to carry out daily routines. For example, if you have a soft tissue injury to the back that limits your ability to stand for more than 10 minutes, this may impact your ability to cook meals or clean floors.
Evidence That Supports Your Claim
Sufficient and credible evidence is essential to a successful claim. The following items are commonly used by SIRA and insurers:
- A written statement from your treating medical practitioner confirming that your injuries prevent you from performing domestic duties.
- A log or diary that shows a change in your daily routine since the accident.
- Receipts or formal quotes from home care agencies for services you have received or intend to receive.
- Photographs of your home environment that demonstrate physical limitations, such as stairs you can no longer climb or furniture you cannot access.
If you have relied on family members to help, you may need to provide a written account of the tasks they perform and how often. However, SIRA generally only values paid care at market rates, so informal arrangements alone are unlikely to support a claim.
Time Limits and Procedural Requirements
You must notify your insurer of your claim within six months of the accident, or within six months of becoming aware of a permanent injury, whichever is later. This deadline applies to all CTP claims in NSW, including those for domestic duties care. Failure to meet this deadline may prevent you from claiming compensation, unless a court grants an extension.
If your claim is disputed, you may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. The process involves submitting evidence, attending a hearing, and receiving a decision. It is important to act promptly and keep all correspondence with your insurer and medical providers.
When Independent Advice May Be Useful
If you are unsure whether your injuries justify a claim for domestic duties care, or if your claim has been rejected, it is advisable to seek independent legal advice. A qualified solicitor can help you understand your rights under the MAIA, review your evidence, and assist with preparing for medical assessments. The cost of care is not determined by personal preference but by objective factors such as market rates and medical necessity.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.