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).
If you've been injured in a motor accident and are struggling to return to daily activities, you may be eligible for economic loss compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how economic losses are assessed when injuries prevent you from performing routine tasks, using SIRA's guidelines to clarify what is recoverable. It also outlines practical steps to support your claim in Auburn, NSW.
What Types of Economic Losses Can Be Claimed?
Under NSW CTP law, economic losses include lost income, reduced earning capacity, and out-of-pocket expenses caused by injuries. For example, if your injury prevents you from working or performing household tasks, you may claim:
- Lost wages from time off work
- Reduced future income if your ability to earn is permanently affected
- Costs for additional support services (e.g., home help or transportation)
SIRA's guidelines state that claims must demonstrate a direct link between the injury and the financial impact. For instance, if you can no longer work full-time due to chronic pain, your claim would consider both current lost income and potential future earnings.
How SIRA Assesses Functional Limitations
SIRA evaluates whether injuries prevent you from performing daily activities by reviewing medical evidence. Key factors include:
- Medical reports detailing how the injury affects your mobility, strength, or coordination
- Evidence of reduced ability to work (e.g., from a doctor's opinion or employer records)
- Documentation of specific daily tasks you can no longer perform (e.g., lifting groceries or driving)
For example, if a spinal injury limits your ability to stand for prolonged periods, SIRA may assess whether this affects your capacity to work in a job requiring physical activity.
Practical Steps and Evidence to Support Claims
To strengthen your claim, gather:
- Medical records showing the injury's impact on daily activities
- Income statements (e.g., payslips, tax returns) to prove lost earnings
- Evidence of additional expenses (e.g., receipts for home modifications or support services)
- Witness statements or employer notes confirming your inability to work
If your injury requires long-term care, provide details about how this affects your ability to manage daily tasks. For instance, if you need assistance with bathing or cooking, this supports claims for lost income and additional support costs.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if they involve only 'threshold injuries' (minor soft-tissue injuries under SIRA's guidelines). However, if your injury exceeds the threshold, there is no strict time limit for claiming economic losses. That said, delays can reduce the chances of securing full compensation, especially if evidence is lost or medical opinions are no longer available.
If your claim is disputed or you're unsure about your entitlements, seek legal advice promptly. A solicitor can help you understand how SIRA assesses your specific circumstances and ensure all evidence is properly submitted.
Final Steps for Claimants
If you're struggling to return to daily activities after a motor accident, start by documenting your injuries' impact on work and personal life. Contact SIRA directly to submit a claim, and consider consulting a lawyer if you face delays or disputes. Every claim depends on its own facts, to request contact about your circumstances, complete the quick, no obligation enquiry form.