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).
Children injured as pedestrians on driveways may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. SIRA assesses claims based on medical evidence showing how injuries impact daily activities. This article explains how SIRA evaluates recovery, treatment funding options, and how driveway claims differ from other pedestrian injuries.
How SIRA Assesses Daily Activity Recovery
SIRA evaluates a child's ability to return to daily activities by reviewing medical records, treatment plans, and functional assessments. Doctors must demonstrate how injuries affect tasks like walking, school attendance, or play. For example, a child with a broken arm requiring 12 weeks of therapy would have their recovery timeline documented in medical reports. SIRA considers both short-term rehabilitation needs and long-term impacts on mobility or independence.
Treatment Funding for Driveway Injuries
Children with driveway injuries may qualify for treatment and care benefits under the Motor Accident Injuries Act 2017. These benefits cover medical expenses, physiotherapy, and equipment like crutches. Families must submit invoices, medical notes, and treatment plans to claim these funds. SIRA prioritizes evidence showing a direct link between the injury and treatment needs.
Key Differences for Driveway Claims
Unlike other pedestrian claims, driveway injuries often involve low-speed collisions or property boundaries. SIRA applies the 'threshold injury' rules, meaning only injuries meeting specific medical criteria qualify for benefits. For instance, a minor sprain may not meet the threshold, but a fracture requiring surgery would. Families should ensure medical professionals document how the injury affects daily activities.
Practical Steps for Families
- Seek immediate medical attention to document injuries.
- Keep records of all treatment, including therapy sessions and medication.
- Obtain a detailed report from your doctor explaining how the injury impacts daily activities.
- Notify your insurer within 52 weeks of the accident to claim benefits.
- Contact SIRA directly if you're unsure about your claim's eligibility.
Time Limits and Dispute Options
Families must submit claims within 52 weeks of the accident. If a child's injuries result in only threshold injuries, benefits may stop after this period. Disputes over claim value can be resolved through SIRA's review process or by seeking independent medical opinions. Always act quickly to preserve your right to claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.