How SIRA Assesses Facial Scarring Injuries
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).
Under the Motor Accident Injuries Act 2017 (MAIA), facial scarring injuries are evaluated based on their visibility, impact on daily life, and long-term effects. SIRA (State Insurance Regulatory Authority) determines whether the scarring meets the criteria for a threshold injury, which includes soft tissue injuries or psychological injuries like adjustment disorder. For example, a visible scar affecting appearance or function may qualify for compensation.
Legal Framework for Facial Scarring Claims
The MAIA divides injuries into 'threshold injuries' and 'serious injuries.' Facial scarring may fall under either category depending on severity. Threshold injuries typically involve visible scarring that impacts appearance or function. If the scarring is not visible or does not significantly affect daily life, it may not qualify for compensation. SIRA also considers ongoing treatment needs, such as laser therapy, to assess eligibility.
Documentation Required for Claims
To support a facial scarring claim, you must provide:
- Medical records confirming the scarring and its cause
- Photographs of the injury taken at the time of the accident and during recovery
- Statements from medical practitioners about the scarring's effect on appearance or function
- Evidence of psychological impact, such as therapy records
- Witness statements or accident reports corroborating the injury
SIRA may request a medical assessment to evaluate the scarring's permanence and functional impact. For instance, a dermatologist may need to confirm whether the scarring is likely to persist beyond 52 weeks.
Time Limits and Dispute Options
CTP claims for threshold injuries must be submitted within 52 weeks of the accident. If the scarring does not meet threshold criteria, you may still pursue a 'serious injury' claim with no time limit. Disputes can arise if SIRA disputes the severity of the scarring. Additional evidence, such as a second medical opinion, may be needed to challenge SIRA's assessment.
Next Steps for Claimants
If you've sustained a facial scarring injury in a motor accident, start by gathering all relevant documentation and submitting a claim to SIRA. Be aware of the 52-week deadline for threshold injuries and consider seeking legal advice if your claim is rejected. Understanding SIRA's guidelines is essential to ensuring your claim is evaluated fairly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.