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).
Home modifications for injured people in NSW CTP claims involve specific legal rules about what changes are eligible, how caregivers can claim compensation, and what evidence is needed. This guide explains how families in Western Sydney can navigate CTP home modification claims under NSW law, including SIRA requirements and practical steps.
What home modifications are covered under NSW CTP claims?
Under the Motor Accident Injuries Act 2017, CTP claims can cover home modifications that make it safer or more accessible for someone with a serious injury. Eligible changes include:
- Installing ramps or handrails
- Modifying bathrooms for wheelchair access
- Adjusting kitchen layouts
- Adding safety features like non-slip flooring
SIRA guidelines state that modifications must be directly related to the injury and necessary for daily living. For example, a ramp may be approved if a spinal injury limits mobility. However, cosmetic changes like new flooring without functional benefits are generally not covered.
How caregivers claim compensation for home modifications
Caregivers in Western Sydney can claim compensation for home modifications through the CTP scheme by:
- Documenting the injury: Medical records must show a serious injury meeting the threshold under the Motor Accident Guidelines. This includes spinal nerve-root injuries with neurological signs.
- Proving modification necessity: Evidence like a physiotherapist's report or a home modification plan from a registered building surveyor is required.
- Using SIRA's claims process: Claims must be submitted through SIRA's online portal or by contacting their claims team. Unpaid carers can also claim for their time and expenses.
Key evidence for caregiver claims
To support a home modification claim, families should gather:
- Detailed medical records from treating specialists
- A written report from a physiotherapist or occupational therapist
- Quotes or invoices for approved modifications
- Photos of the home before and after changes
- A copy of the accident report or police statement
SIRA requires these documents to assess whether the modification meets the 'only injuries' criteria under section 4.4 of the Motor Accident Injuries Act 2017. For example, if a person's only injuries are threshold injuries, benefits for home modifications may be limited after 52 weeks.
Practical considerations for Western Sydney families
In Western Sydney, families should note:
- Time limits: Claims must be submitted within 52 weeks of the accident for certain benefits. Extensions may be granted for complex cases.
- Dispute resolution: If an insurer rejects a claim, families can request a review through SIRA or seek mediation.
- Unpaid carer support: Caregivers can claim for their time and expenses, including travel costs and time off work. This is distinct from the injured person's own benefits.
Example scenario
Consider a family in Western Sydney where a parent sustains a serious spinal injury. A physiotherapist recommends installing a ramp to allow the parent to remain independent. The family submits:
- A medical report confirming the injury meets the threshold
- A building surveyor's plan for the ramp
- An invoice for the modification
SIRA assesses the claim and approves the ramp as a necessary home modification under the CTP scheme.
When to seek legal advice
While SIRA provides a claims process, families should consult a solicitor if:
- The insurer disputes the claim
- There are overlapping workers' compensation issues
- The injury involves complex medical conditions
- The family needs help navigating SIRA's requirements
Next steps
CTP home modification claims depend on the accident date, injury type, and evidence submitted. To request contact about your circumstances, complete the quick, no obligation enquiry form.