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) laws are assessed based on medical evidence and the severity of the scarring. The Motor Accident Injuries Act 2017 (MAIA) governs claims, with the New South Wales Motor Accident Claims Authority (SIRA) providing guidelines for evaluating scarring injuries. This article explains how facial scarring is treated in CTP claims, supported by practical examples relevant to Greater Sydney claimants.
How Facial Scarring is Assessed Under NSW CTP Laws
Under the MAIA, facial scarring is considered a 'threshold injury' if it meets specific medical criteria. SIRA guidelines state that scarring must be visible, permanent, and impact the claimant’s appearance or function. A medical practitioner must document the injury using the Motor Accident Guidelines, which include assessing the size, depth, and location of scars. For example, a facial laceration requiring surgical repair with visible scarring may qualify for treatment benefits and income support.
Claims Available for Facial Scarring Injuries
CTP claims for facial scarring typically include:
- Treatment and care benefits for medical expenses, physiotherapy, and specialist consultations.
- Weekly income support if the injury prevents the claimant from working.
- Compensation for scarring if the injury meets the threshold injury criteria under the MAIA.
SIRA’s What you can claim page confirms that scarring injuries are eligible for benefits, but the claimant must provide evidence of the injury’s permanence and impact. For instance, a pedestrian in Sydney who sustained facial scarring from a car accident may receive weekly payments for 52 weeks if the injury is classified as a threshold injury.
Navigating SIRA Guidelines in Greater Sydney
Greater Sydney claimants should seek medical reports that detail the scarring’s effect on their appearance or function. SIRA requires evidence such as:
- Photographs of the scarring before and after treatment.
- A medical practitioner’s assessment of the injury’s permanence.
- Witness statements or accident reports to establish the incident.
A practical example: A motorcyclist in Sydney suffered facial lacerations requiring stitches. The treating doctor noted visible scarring that affected the claimant’s self-esteem. Under SIRA guidelines, the claimant was eligible for treatment benefits and a one-time compensation payment for scarring.
Time Limits and Dispute Resolution
CTP claims must be made within a reasonable time, though the MAIA does not specify a strict deadline. However, the 52-week rule applies to threshold injuries: if the injury is classified as a threshold injury, benefits like weekly payments are generally limited to 52 weeks. Claimants should seek legal advice if their injury is not classified as a threshold injury but still impacts their daily life.
Disputes over scarring claims can be resolved through SIRA’s dispute resolution process. Claimants should contact SIRA directly to challenge a decision or request a review of their medical evidence.
When to Seek Legal Advice
While SIRA provides a clear framework for scarring claims, individual circumstances vary. A legal professional can help claimants understand whether their injury qualifies for additional compensation beyond the standard CTP benefits. For example, a claimant with severe facial scarring that affects their ability to work may have a stronger case for long-term income support.
Next Steps
CTP claims involving facial scarring depend on accurate medical documentation and an understanding of the MAIA’s threshold injury rules. If you or a loved one has suffered a facial injury in a motor accident, it is essential to:
- Seek immediate medical attention to document the injury.
- Preserve evidence such as photographs, medical reports, and witness statements.
- Contact SIRA to initiate a claim.
- Consult a legal professional if the claim is denied or if additional compensation is sought.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.