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).
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).
The 2017 reforms to NSW's Compulsory Third Party (CTP) scheme significantly changed how facial scarring injuries are assessed and compensated. Under the revised Motor Accident Injuries Act 2017, SIRA (State Insurance Regulatory Authority) now evaluates claims based on specific guidelines, with a focus on visible, long-term scarring rather than temporary bruising. This article explains how the reforms impact compensation for facial scarring injuries, using Armidale as a regional example.
How the 2017 Reforms Changed Facial Scarring Claims
Before 2017, facial scarring injuries were often treated as 'threshold injuries' under the common law framework, which limited compensation to statutory benefits. The reforms shifted this approach, introducing a structured assessment system. SIRA now considers factors such as the visibility of scars, their impact on appearance, and whether they are permanent. For example, a deep laceration requiring cosmetic surgery to reduce scarring may qualify for additional compensation beyond standard benefits.
Under the new rules, claims for facial scarring must demonstrate a 'visible scar' that persists beyond the initial healing period. SIRA's Motor Accident Guidelines specify that scars must be 'noted by a medical practitioner' and 'not likely to fade significantly over time.' This change means injuries previously considered minor may now attract more detailed evaluation.
Practical Steps for Facial Scarring Claims
If you've suffered a facial scarring injury in Armidale, take these steps: First, seek immediate medical attention to document the injury. A medical report from a registered medical practitioner is essential to establish the nature and permanence of the scar. Second, preserve evidence such as photographs of the injury taken at the scene, medical records, and witness statements. Third, notify your insurer or SIRA within the required time limits. Claims must typically be submitted within 52 weeks of the accident, though extensions may apply in exceptional cases.
Time Limits and Dispute Resolution
The 52-week time limit for submitting claims under the CTP scheme applies to all injuries, including facial scarring. If your injury is classified as a 'threshold injury' (e.g., a minor cut with minimal scarring), benefits may be limited after 52 weeks. However, if the scar is severe enough to meet the new criteria, you may still pursue additional compensation. Disputes over claim value can be resolved through SIRA's review process or by seeking independent legal advice.
When to Seek Legal Advice
Consult a legal professional if your facial scarring injury involves complex factors such as: (1) disputes over the permanence of the scar, (2) overlapping claims with workers' compensation or private health insurance, or (3) injuries that require long-term cosmetic treatment. A lawyer can help ensure your claim aligns with the revised SIRA guidelines and maximizes your entitlements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.