Facial Scarring Injury, Early Steps for Injured Road Users in NSW
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 vehicle accident in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. Facial scarring injuries are often complex, requiring medical evidence to prove their impact on your life. This article explains the early steps to take, how the NSW CTP scheme assesses such injuries, and what documentation is essential to support your claim.
The NSW CTP Scheme and Facial Scarring Claims
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme provides compensation for injuries caused by motor vehicle accidents. Facial scarring injuries fall under this scheme if they meet the definition of a 'threshold injury' or result in long-term impairment. SIRA (State Insurance Regulatory Authority) administers claims under the scheme, and its guidelines define what injuries qualify for benefits.
SIRA assesses scarring injuries based on clinical evidence, including medical reports from specialists like plastic surgeons or dermatologists. The injury must be documented as a 'threshold injury' under the Motor Accident Guidelines, which includes injuries like lacerations, burns, or scarring that affect appearance or function. For example, a deep facial laceration requiring stitches that leaves visible scarring may qualify, while superficial cuts with minimal scarring might not.
Practical Steps After a Facial Scarring Injury
- Seek Immediate Medical Attention: Visit a medical practitioner within 24 hours of the accident. A doctor's assessment is crucial to document the injury's severity and its impact on your appearance or function. Delaying medical care may weaken your claim.
- Preserve Evidence: Take photographs of the injury immediately after the accident. These should show the full extent of the scarring and any visible damage. Also, keep records of all medical treatments, including specialist consultations, surgery reports, and skincare recommendations.
- Notify the At-Fault Driver's Insurer: Under the CTP scheme, the insurer of the at-fault driver must cover your claim. Contact them promptly to start the process. SIRA requires a completed claim form, which can be found on its website.
- Keep a Record of Daily Impact: Facial scarring can affect self-esteem, social interactions, and work. Document how the injury impacts your daily life, such as avoiding social events or needing time off work. This evidence supports claims for non-material damages like pain and suffering.
Time Limits and Dispute Resolution
The CTP scheme has strict time limits. For injuries that qualify as 'threshold injuries, ' benefits like weekly payments and treatment costs are generally limited to 52 weeks after the accident. If your injury is not a threshold injury, you may still claim for scarring under the 'non-threshold' category, but this requires a medical report confirming long-term effects.
If your claim is disputed, SIRA will review it based on medical evidence. You may need to provide additional documentation, such as a specialist's opinion on the injury's permanence. In some cases, a dispute resolution process under the NSW Civil and Administrative Tribunal (NCAT) may be required.
When to Seek Legal Advice
Consider consulting a solicitor if:
- Your injury is complex and requires expert medical evidence.
- The at-fault driver's insurer denies your claim.
- You need assistance with dispute resolution.
A lawyer can help ensure your claim meets SIRA's requirements and that you receive fair compensation for your scarring injury.
Example: Assessing a Facial Scarring Claim
Consider a scenario where a cyclist is hit by a car, resulting in a deep facial laceration. The injury is stitched, but scarring remains visible six months later. A plastic surgeon documents the scarring as a 'threshold injury' under the Motor Accident Guidelines. The cyclist submits this evidence to SIRA and receives weekly benefits for 52 weeks. If the scarring is deemed to affect their appearance long-term, they may also claim for non-material damages.
Next Steps
Facial scarring injuries require prompt action to secure compensation under the NSW CTP scheme. By following the steps outlined above and gathering strong medical evidence, you can support your claim. For personalized advice tailored to your circumstances, complete the quick, no obligation enquiry form.