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 New South Wales' Compulsory Third Party (CTP) laws changed how facial scarring injuries are assessed and compensated. This article explains the key changes, how SIRA evaluates claims, and practical steps for claimants in Greater Sydney.
What Changed in the 2017 Reforms
The 2017 reforms replaced the previous common law-based system with a statutory framework under the Motor Accident Injuries Act 2017 (MAIA). For facial scarring injuries, the reforms introduced:
- Statutory benefits for injuries meeting the 'threshold injury' definition in the Motor Accident Guidelines.
- Exclusive focus on medical evidence to determine injury severity, with less emphasis on subjective claims.
- No longer automatic entitlement to common law damages for scarring unless it meets specific impairment criteria.
Under the new system, facial scarring is assessed based on clinical signs like visible deformity, functional impairment, or psychological impact. SIRA now uses the Motor Accident Guidelines to determine if a scar qualifies as a 'threshold injury' under the MAIA.
How SIRA Assesses Facial Scarring Claims
SIRA evaluates facial scarring injuries by:
- Reviewing medical records from registered medical practitioners, including photographs and clinical notes.
- Applying the Motor Accident Guidelines to determine if the injury meets the threshold for statutory benefits.
- Considering the injury's impact on the claimant's daily life, such as difficulty applying makeup or social anxiety.
For example, a claimant with a deep facial scar requiring surgical repair might qualify for weekly income payments and treatment benefits under the MAIA. However, if the scar is minor and does not meet the threshold, SIRA may limit benefits after 52 weeks.
Practical Steps for Claimants
If you've suffered a facial scarring injury in NSW, take these steps:
- Seek immediate medical attention to document the injury.
- Obtain a detailed medical report from a registered practitioner, including before-and-after photographs.
- Notify your insurer within 52 weeks of the accident to avoid missing statutory benefits.
- Keep records of all correspondence with SIRA or your insurer.
Time Limits and When to Seek Advice
CTP claims must be made within 52 weeks of the accident for statutory benefits. If the injury is not a 'threshold injury, ' benefits may stop after this period. For claims involving long-term scarring or psychological effects, seek legal advice before the 52-week deadline to explore common law damages.
When to Contact a Legal Professional
Consult a solicitor if:
- Your facial scarring affects your ability to work or socialise.
- You're unsure if your injury meets the threshold for statutory benefits.
- You need help navigating SIRA's assessment process.
The reforms have shifted the focus to medical evidence, making it crucial to work with a qualified practitioner to document your injury accurately. Understanding these changes can help you secure the support you're entitled to under NSW law.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.