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).
Children struck by vehicles in driveways or low-speed areas may be eligible for treatment and rehabilitation support under NSW's Compulsory Third Party (CTP) scheme. This article explains how SIRA assesses care plans, what evidence is needed, and how long-term rehabilitation costs are handled for pediatric claimants in Ashfield. The NSW CTP rules apply differently to children than adults, and documentation must clearly show how injuries impact a child's recovery and daily life.
How SIRA Handles Treatment and Rehabilitation for Child Pedestrians
SIRA evaluates treatment and rehabilitation plans based on medical evidence showing the child's injuries and how they affect recovery. For children, the focus is on long-term outcomes like mobility, cognitive function, and ability to attend school. Rehabilitation planning must include:
- A detailed medical report from a specialist confirming the injury's severity
- Evidence of how the injury impacts the child's physical or cognitive abilities
- A plan for ongoing therapy, medical equipment, or modifications to home or school environments
SIRA may require a multidisciplinary approach, including physiotherapy, occupational therapy, and psychological support. For example, a child with a fractured leg and soft tissue injuries might need a treatment plan covering both medical care and school attendance adjustments.
Documentation Needed for Driveway Child Injuries
To support a CTP claim for a driveway injury, parents must provide:
- Medical records showing the injury's cause and treatment
- Police report or witness statements confirming the accident occurred in a driveway
- Evidence of how the injury affects the child's daily activities (e.g., school attendance, mobility)
- Proof of income or expenses related to treatment, such as therapy bills or modified school equipment
Special attention is needed for children under 12, as their injuries may require longer-term rehabilitation. SIRA will assess whether the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017, which includes soft tissue injuries with neurological signs.
Long-Term Rehabilitation Coverage for Children
The NSW CTP scheme covers rehabilitation costs for children if the injury results in long-term impairment. This includes:
- Ongoing physiotherapy or occupational therapy
- Medical equipment like braces or mobility aids
- School-based support services
- Psychological or cognitive therapy
However, the 52-week statutory benefit period applies to 'only injuries', if a child's injuries are limited to threshold injuries, benefits may stop after 52 weeks unless there's evidence of long-term impairment. Parents should seek medical assessments to establish ongoing needs.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, though extensions may be granted for children with complex injuries. Delays can affect access to treatment and rehabilitation planning. If a child's injuries require prolonged care, parents should:
- Obtain medical opinions confirming long-term needs
- Submit a claim to SIRA within the statutory timeframe
- Request a review if benefits are denied or limited
Parents should also consider consulting a solicitor if disputes arise over the scope of rehabilitation coverage. Legal advice can help ensure all evidence is properly submitted to support the child's long-term recovery.
Next Steps for Families in Ashfield
If your child has been injured in a driveway, start by seeking immediate medical attention and documenting the accident. Contact SIRA to begin the CTP claim process and request a rehabilitation plan tailored to your child's needs. Remember, every claim depends on its own facts, complete the quick, no obligation enquiry form to discuss your circumstances with a professional.