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're recovering from a motor accident in Ashfield and struggling to return to daily activities, NSW CTP insurance may cover your rehabilitation costs. This article explains what daily activities are covered, how to claim support, and how SIRA guidelines apply to your recovery. Time limits and dispute options are also outlined.
What Daily Activities Are Covered Under CTP Insurance?
NSW CTP insurance covers rehabilitation for injuries that prevent you from performing everyday tasks like cooking, shopping, or personal hygiene. This includes:
- Physical therapy to regain mobility
- Occupational therapy to relearn job skills
- Home modifications to improve safety
- Assistive devices like mobility aids
The Motor Accident Guidelines define 'daily activities' as tasks essential for independent living. SIRA's 'What you can claim' page confirms rehabilitation support is available for injuries affecting your ability to perform these tasks.
How to Claim Compensation for Daily Activities Recovery
To access support, you must:
- Notify your insurer within 52 weeks of the accident (s 3.28 of the Motor Accident Injuries Act 2017)
- Provide medical evidence showing your injury impacts daily activities
- Submit a rehabilitation plan from a registered physiotherapist or occupational therapist
SIRA's 'Making a motor accident claim' guide outlines the process, including submitting medical reports and treatment records. Claims for daily activities recovery must be made within 52 weeks of the accident date.
SIRA Resources for Daily Activities Claims
SIRA provides specific guidance for rehabilitation claims:
- Motor Accident Guidelines define threshold injuries and rehabilitation eligibility
- Claim forms include sections for documenting daily activity limitations
- Case managers assess whether injuries prevent independent living
The 'What you can claim' page confirms that rehabilitation support is available for injuries that affect your ability to perform essential daily tasks. This includes both physical and cognitive impairments.
Practical Steps for Daily Activities Recovery
- Document your daily challenges in a journal with dates and specific tasks
- Keep all medical records showing how your injury impacts daily life
- Request a rehabilitation assessment from your treating physician
- Notify your insurer of your claim within 52 weeks of the accident
If your claim is denied, you may need to:
- Request a review from the insurer's internal appeals process
- Seek independent medical opinion
- Lodge a complaint with the NSW Civil and Administrative Tribunal (NCAT)
Time Limits and Dispute Options
CTP claims for daily activities recovery must be made within 52 weeks of the accident. After this period, weekly benefits typically stop unless you have a 'lifetime care' claim (s 4.4 of the Motor Accident Injuries Act 2017). If your claim is disputed:
- You can request a review from the insurer
- You may apply to NCAT for a determination
- You can seek legal advice if your claim is rejected
When to Seek Legal Advice
Consult a solicitor if:
- Your claim is denied without explanation
- You're unsure if your injury qualifies for rehabilitation support
- You need help appealing a decision
Legal professionals can help you understand whether your daily activity limitations meet the threshold injury criteria under the Motor Accident Guidelines.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.