Time Limits for Facial Scarring CTP Claims in NSW
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).
If you've suffered a facial scarring injury in a motor accident in NSW, you have two years from the date of the accident to file a claim under the Compulsory Third Party (CTP) scheme. This time limit applies to all NSW regions, including the Illawarra and South Coast. However, facial scarring claims may involve additional considerations, such as proving the permanence of the injury and meeting SIRA's criteria for compensation.
How SIRA Assesses Facial Scarring Claims
The State Insurance Regulatory Authority (SIRA) evaluates facial scarring claims based on medical evidence. To qualify for compensation, the scarring must be permanent and result in a cosmetic or functional impairment. SIRA uses the Motor Accident Guidelines to determine the severity of scarring, which may involve assessing:
- Medical reports confirming the injury's permanence
- Expert opinions on the impact of scarring
- Photographs of the injury
For example, a laceration that leaves a visible scar requiring cosmetic surgery would likely meet the criteria for a claim. However, temporary scarring or minor skin imperfections typically do not qualify.
Regional Considerations for Illawarra and South Coast
While NSW law applies uniformly across all regions, claims in the Illawarra and South Coast may be handled by local SIRA offices. These offices can provide guidance on claim-specific procedures, but the two-year time limit and assessment criteria remain the same as in other parts of NSW.
When to Seek Legal Advice
If your facial scarring injury is severe or you're unsure about your claim's viability, consult a legal professional. SIRA has a 52-week statutory limit for certain injuries, meaning benefits for threshold injuries (e.g., minor scarring) may stop after 52 weeks. However, permanent scarring claims are not subject to this limit and can be pursued beyond that period.
Practical Steps to Take
To support your claim, gather:
- Medical records documenting the injury and its permanence
- Police reports or accident statements
- Witness contact details
- Photographs of the scarring
If you're unsure about your claim's timeline or evidence requirements, contact SIRA directly or seek legal assistance. Every claim depends on its own facts.
Next Steps
Time limits and procedural requirements may apply. To request contact about the next step, complete the quick, no obligation enquiry form.