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).
If you've suffered facial scarring from a motor accident in New South Wales, understanding what evidence to preserve is critical. Under the NSW Compulsory Third Party (CTP) scheme, scarring injuries must be documented with medical and photographic evidence to support claims. This guide explains the types of records required, how to preserve them, and how SIRA evaluates scarring claims.
What Evidence is Needed for Facial Scarring Claims?
To prove a facial scarring injury under NSW CTP rules, claimants must provide:
- Medical records showing the injury's cause, treatment, and impact. This includes doctor notes, imaging reports, and records of cosmetic procedures.
- Photographic evidence of the scar before and after treatment. Photos should capture the scar's size, depth, and location.
- Before-and-after comparison to demonstrate the injury's effect on appearance. SIRA guidelines emphasize visible scarring that alters facial features or causes disfigurement.
- Evidence of treatment such as receipts for surgery, skincare treatments, or psychological support if scarring affects mental health.
How to Document and Preserve Evidence
Record-keeping is essential to meet CTP scheme requirements. Keep all documents in a secure location and consider:
- Labeling photos with dates, times, and descriptions of the scar's appearance.
- Maintaining a journal of how the scarring affects daily life, such as difficulty applying makeup or social withdrawal.
- Saving medical correspondence with dates and details of consultations.
- Preserving witness statements from doctors or psychologists who assess the injury's impact.
SIRA's Approach to Scarring Claims
SIRA evaluates scarring claims based on the Motor Accident Guidelines, which define how injuries are assessed for compensation. For facial scarring:
- Visible scarring that alters the face's appearance is generally considered a threshold injury under the Motor Accident Injuries Act 2017.
- Cosmetic impact must be documented by a medical practitioner to show how the scar affects the claimant's quality of life.
- Long-term effects such as chronic pain or psychological distress may qualify for additional compensation beyond statutory benefits.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident under the current scheme. If your injury is a threshold injury, benefits may stop after 52 weeks unless you meet specific criteria for ongoing treatment. Always consult a legal professional before missing deadlines.
Example: How SIRA Assesses Scarring
Consider a claimant who suffered a deep laceration requiring stitches, resulting in a visible scar across the cheek. Medical records show the injury was caused by a motor accident, and photographs demonstrate the scar's progression. SIRA would evaluate whether the scar meets the threshold injury definition and whether it significantly impacts the claimant's daily life.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.