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 may qualify for compensation under the NSW Compulsory Third Party (CTP) scheme, but eligibility depends on specific criteria. The New South Wales Motor Accident Injuries Act 2017 and SIRA's assessment guidelines determine whether your injury meets the threshold for benefits. This article explains how SIRA evaluates facial scarring claims, what evidence is needed, and key considerations for Bankstown residents seeking compensation.
NSW CTP Scheme Eligibility for Facial Scarring
Under the CTP scheme, injuries must meet the definition of a 'threshold injury' to qualify for statutory benefits. Facial scarring injuries are assessed based on their impact on daily life and medical documentation. SIRA considers factors such as:
- The permanence of the scarring
- Physical discomfort or functional limitations
- Psychological effects like anxiety or depression
- Cosmetic impact affecting self-esteem
The Motor Accident Guidelines define threshold injuries as those requiring medical treatment and causing more than minor inconvenience. For example, a deep laceration requiring stitches or a burn scar that impacts skin integrity may qualify. However, superficial abrasions or minor cuts typically do not meet the threshold.
How SIRA Assesses Facial Scarring Claims
SIRA evaluates claims using medical reports from registered practitioners. Key evidence includes:
- A detailed medical certificate confirming the injury's nature and treatment
- Records of ongoing therapy or specialist consultations
- Statements from healthcare providers about the injury's effect on daily activities
- Photographs of the scarring (if available)
In Bankstown, claimants should seek medical attention promptly to ensure their injury is documented. SIRA may also request a medical assessment to determine the injury's severity. If the scarring is classified as a threshold injury, you may be eligible for weekly income benefits, treatment and care payments, or lump sum compensation depending on the circumstances.
Documentation and Practical Steps
To support your claim, gather:
- Police reports or accident statements
- Witness contact details
- Medical records showing treatment for the scarring
- Proof of income to establish financial impact
- Photos of the injury site
It is important to notify your insurer within 52 weeks of the accident. If your injury is a 'threshold injury' only, benefits may stop after 52 weeks under section 4.4 of the Motor Accident Injuries Act 2017. However, if your scarring results in long-term impairment, you may still pursue a common law damages claim separately.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim statutory benefits under the CTP scheme. If you have not notified your insurer within this period, you may lose entitlement to weekly payments. However, you can still seek medical treatment and pursue a common law claim for compensation. In Bankstown, it is advisable to consult a solicitor if your scarring causes ongoing pain, affects your ability to work, or has psychological impacts. Legal advice can help determine whether your injury meets the threshold for benefits or qualifies for additional compensation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.