Facial Scarring Claims in NSW CTP: What Changed After 2017 Reforms
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).
Facial scarring injuries under NSW Compulsory Third Party (CTP) claims have undergone significant changes since the 2017 reforms. These reforms, under the Motor Accident Injuries Act 2017, shifted the focus from traditional 'minor injuries' to a more nuanced assessment of 'threshold injuries' and 'whole person impairment.' For rural and remote claimants, these changes have introduced new challenges and considerations.
Key Changes to Facial Scarring Claims Post-2017
The 2017 reforms introduced stricter criteria for assessing facial scarring injuries. Under the revised framework, scarring must now meet specific thresholds outlined in the Motor Accident Guidelines. For example, injuries requiring surgical repair, such as lacerations or burns, are now evaluated based on their impact on the claimant’s overall function and appearance, not just the presence of scarring alone.
Previously, facial scarring was often categorized as a 'threshold injury, ' which qualified for statutory benefits under the CTP scheme. However, the reforms now require a more detailed assessment of the injury’s effect on the claimant’s daily life, including psychological and social impacts. This shift means rural claimants must provide stronger evidence of how their scarring affects their quality of life.
Rural Considerations in Facial Scarring Claims
Rural and remote NSW claimants may face unique challenges. Access to specialist medical professionals, such as dermatologists or plastic surgeons, can be limited, making it harder to obtain the clinical evidence needed to support a claim. Additionally, rural areas often have fewer resources for documenting the long-term effects of scarring, such as psychological distress or social stigma.
The SIRA guidelines now emphasize the importance of 'whole person impairment' assessments. For rural claimants, this means securing a specialist report that links the scarring to functional limitations or emotional distress. Without such evidence, claims may be denied or limited to statutory benefits only.
Practical Steps for Facial Scarring Claims
To strengthen a facial scarring claim, rural claimants should:
- Seek immediate medical attention to document the injury and its impact.
- Obtain a specialist report from a qualified medical practitioner, even if it requires travel to a major city.
- Gather evidence of how the scarring affects daily activities, such as photographs, medical records, and witness statements.
- Consider the 52-week statutory benefit limit for threshold injuries. If the scarring is deemed a threshold injury, benefits may stop after 52 weeks unless it meets the 'whole person impairment' threshold.
Time Limits and When to Seek Advice
CTP claims must be made within a specific timeframe. While the exact deadline depends on the injury type, all claims must be submitted within the applicable time limits outlined in the Motor Accident Injuries Act 2017. For rural claimants, delays in securing specialist opinions or documentation can jeopardize the claim.
If you’re unsure whether your facial scarring injury meets the new criteria, seek legal advice early. Rural claimants may need to consult a solicitor familiar with the unique challenges of remote areas, such as limited access to specialists or longer travel times for medical assessments.
Example: A Rural Facial Scarring Claim
Consider a rural resident who sustained a facial laceration in a car accident. Under pre-2017 rules, the scarring might have qualified for statutory benefits. However, under the revised framework, the claimant must now prove that the scarring causes functional limitations or emotional distress. Without a specialist report linking the scarring to these impacts, the claim may be limited to statutory benefits only.
Next Steps
The 2017 reforms have made facial scarring claims more complex, particularly for rural claimants. Understanding the new assessment criteria and securing the right evidence are critical. If you’re unsure how these changes affect your claim, complete the quick, no obligation enquiry form to request contact about your circumstances.