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) schemes can significantly impact a person's ability to work, socialise and perform daily tasks. Families and caregivers in Bathurst must understand how these injuries affect claim eligibility and what support is available. This article explains the legal framework, practical steps and considerations for families managing CTP claims related to facial scarring injuries.
How CTP Covers Facial Scarring Injuries
Under the Motor Accident Injuries Act 2017, facial scarring injuries are claimable under the NSW CTP scheme if they result from a motor vehicle accident. SIRA guidelines define scarring as a 'threshold injury' if it causes visible, long-term damage to the face. This includes lacerations, burns, surgical scars and cosmetic injuries that affect appearance.
Caregivers should note that scarring claims may also include additional damages for psychological impact, such as anxiety or depression, if clinically supported. SIRA's 'What you can claim' page confirms that visible scarring can qualify for both treatment benefits and compensation for loss of income or care costs.
Documenting Caregiver Costs for Scarring Claims
Families must document how the injury affects the injured person's daily life. Key evidence includes:
- Medical records showing the extent of scarring and its impact on function
- Photographs of the injury taken by medical professionals
- Evidence of lost income due to inability to work
- Records of time spent by caregivers on tasks like personal hygiene, meals or medical appointments
SIRA requires claims to demonstrate a 'direct link' between the scarring and the accident. Families should preserve all records of how the injury affects the person's ability to work, socialise or perform household duties.
Unique Family Considerations in Bathurst
In Bathurst, families may face additional challenges due to limited access to specialist plastic surgeons or dermatologists. SIRA guidelines advise that scarring claims must include evidence of 'permanent' or 'long-term' effects. Families should seek medical opinions early to establish the injury's permanence.
Caregivers should also consider the emotional impact on the injured person. SIRA's 'Making a motor accident claim' page notes that psychological injuries must be supported by clinical evidence, such as therapist reports or psychiatric assessments.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits. However, families with ongoing scarring injuries should consult a legal professional before this deadline. SIRA's 'Claim time limits' page clarifies that some claims may be eligible beyond this period if they involve 'whole person impairment' or long-term care needs.
If disputes arise over the value of scarring claims, families should seek legal advice. SIRA provides a dispute resolution process where claims can be reviewed by independent assessors.
Practical Steps for Families
- Obtain immediate medical attention to document the scarring
- Keep a detailed diary of how the injury affects daily life
- Preserve all medical records, bills and correspondence
- Seek specialist opinions on the scarring's permanence
- Contact SIRA within 52 weeks of the accident for treatment benefits
Families in Bathurst should act quickly to ensure all evidence is preserved. The NSW CTP scheme provides support for scarring injuries, but claimants must demonstrate a clear link between the injury and the accident.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.