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).
If you've suffered a facial scarring injury in a motor accident in NSW, understanding your early steps under the Compulsory Third Party (CTP) scheme is critical. Facial scarring injuries are treated as cosmetic injuries under the Motor Accident Injuries Act 2017, and prompt action is needed to preserve your claim. This article explains what to do immediately after an accident, how SIRA handles such claims, and the documentation required to support your case.
Early Steps After a Facial Scarring Injury
After a motor accident, seek immediate medical attention to document the injury. A medical professional can assess the scarring and determine if it meets the threshold injury criteria under the Motor Accident Guidelines. This is essential because facial scarring injuries are classified as 'cosmetic' and may not qualify for common law damages unless they meet specific impairment thresholds.
Preserve evidence of the accident, including photographs of the injury, medical records, and witness statements. SIRA requires detailed documentation to assess claims for scarring injuries, as these are often subjective. For example, a laceration that heals with visible scarring may need a dermatologist's report to establish its permanence.
How SIRA Handles Facial Scarring Claims
SIRA (State Insurance Regulatory Authority) administers NSW CTP claims. For facial scarring injuries, SIRA will evaluate whether the injury falls under the 'cosmetic injury' category. This includes scars, burns, or other visible marks that affect appearance. While scarring may not qualify for lump sum damages, it can entitle you to weekly income payments and treatment benefits if it results in a threshold injury.
SIRA also considers the psychological impact of facial scarring, such as distress or anxiety, as part of the overall assessment. However, claims for emotional distress are limited under the CTP scheme and must be supported by clinical evidence.
Documentation Needed for Facial Scarring Claims
To support your claim, gather the following:
- Medical records confirming the injury and its permanence
- Photographs of the scarring taken at the time of the accident and during recovery
- Income records to establish lost earnings (if applicable)
- Witness statements or police reports
- SIRA's claim form (available on their website) completed accurately
SIRA may request additional evidence, such as a psychologist's report for emotional impact, to fully assess your case.
Time Limits for Facial Scarring Claims
Claims under the CTP scheme must be submitted within 52 weeks of the accident. If your injury is classified as a threshold injury, benefits are generally limited to 52 weeks. However, if the scarring results in a whole person impairment (e.g., 10% or more), you may qualify for extended payments. Always check with SIRA to confirm your specific circumstances.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases involving facial scarring may require legal assistance. A lawyer can help dispute a rejected claim, challenge a threshold injury assessment, or explore compensation for non-economic losses if your injury meets the whole person impairment criteria.
Next Steps
Time limits and procedural requirements apply to all CTP claims. To request contact about your circumstances, complete the quick, no obligation enquiry form.