Home Modifications for Serious Injury 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 serious motor accident injury in NSW and need home modifications to regain independence, the Compulsory Third Party (CTP) scheme may cover these costs. Home modifications are a specific type of claim under the Motor Accident Injuries Act 2017 (MAIA), and the NSW State Insurance Regulatory Authority (SIRA) oversees their assessment. This article explains what home modifications are covered, how SIRA evaluates them, and practical steps to support your claim.
What Types of Home Modifications Are Covered?
Under NSW CTP rules, home modifications are funded to help injured people perform daily activities safely. Examples include:
- Installing handrails or grab rails in bathrooms
- Modifying doorways to accommodate mobility aids
- Adding ramps or stair lifts
- Installing shower chairs or walk-in baths
- Adjusting kitchen layouts for wheelchair access
These changes must be directly related to your injury and essential for daily living. SIRA considers whether the modification is 'reasonably necessary' to prevent further harm or enable independent living.
How SIRA Assesses Home Modification Needs
SIRA evaluates claims based on medical evidence and functional limitations. Key factors include:
- A medical practitioner's report confirming your injury's impact on daily activities
- Evidence of how your injury affects mobility, balance, or coordination
- Occupational therapy or physiotherapy assessments showing the need for modifications
- Documentation of how the modification will improve your ability to perform tasks like dressing, cooking, or bathing
SIRA may also consider whether the modification is 'reasonably necessary' compared to alternative solutions, such as in-home care or assistive devices.
Practical Steps to Support Your Claim
To strengthen your home modification claim, gather:
- Medical records detailing your injury and its effects
- Therapy reports outlining mobility challenges
- Photos of your home environment and proposed modifications
- Statements from family or carers about your daily struggles
- Evidence of how the modification will address specific limitations
For example, if you need a ramp due to a leg injury, provide a physiotherapist's opinion on how the ramp will enable you to access your home safely.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for most benefits, but home modification claims may have different timelines. If SIRA denies your claim, you can request a review or seek legal advice to challenge the decision. Always act promptly to ensure your evidence is considered.
When to Seek Legal Advice
Speak to a solicitor if:
- SIRA refuses to fund your modification
- You're unsure whether your injury meets the 'reasonably necessary' test
- You need help navigating the claims process
- You want to challenge a decision about your claim's value
Legal professionals can help you understand your rights and ensure your claim is properly prepared.
Next Steps
CTP home modification claims depend on the accident date, injury type, and evidence of need. If you're in the Illawarra or South Coast areas and need assistance with your claim, contact a legal professional to discuss your options. Every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.