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).
Knee injuries from motor accidents can significantly impact a person's ability to perform daily activities, especially in regional areas like the Blue Mountains and Nepean. Under NSW Compulsory Third Party (CTP) laws, claimants may seek compensation for injuries that limit mobility, such as ligament tears, joint damage, or chronic pain. This article explains how SIRA's guidelines apply to knee injuries, what evidence matters, and how claimants can challenge insurer decisions about daily activity restrictions.
How Knee Injuries Affect Daily Activities
Knee injuries commonly result in pain, swelling, instability, or reduced range of motion, making tasks like walking, climbing stairs, or standing for prolonged periods difficult. In the Blue Mountains and Nepean, where terrain can be uneven or hilly, these limitations may hinder work, exercise, or household duties. SIRA's Motor Accident Guidelines (2023) classify knee injuries as 'threshold injuries' if they meet specific clinical criteria, such as ligament damage or meniscus tears, even if there's no visible bruising or imaging evidence.
CTP Compensation for Daily Activity Limitations
Under the Motor Accident Injuries Act 2017, claimants may receive weekly income benefits, treatment and care benefits, or lump sum damages depending on their injury's severity. For knee injuries, SIRA's 'what you can claim' page outlines that: 'Injuries affecting mobility, such as knee ligament damage, may qualify for additional compensation if they prevent the injured person from performing daily activities.' This includes coverage for physiotherapy, mobility aids, and lost income if the injury prevents work.
Evidence to Support Daily Activity Claims
Claimants should gather medical records detailing the injury's impact, such as notes from orthopaedic specialists or physiotherapists. SIRA requires evidence that the injury limits daily activities, which may include:
- Doctor's reports linking the injury to reduced mobility
- Photographs of the accident scene or vehicle damage
- Witness statements about the claimant's pre-accident activity level
- Aged care or disability services records if the injury affects independent living
Using SIRA Resources to Challenge Insurer Decisions
If an insurer disputes daily activity restrictions, claimants can reference SIRA's 'Making a motor accident claim' guide. For example, a claimant with a torn anterior cruciate ligament (ACL) who can no longer hike in the Blue Mountains may use clinical guidelines to argue that their injury meets the 'threshold injury' definition under section 3.11 of the Motor Accident Injuries Act. SIRA's 'What you can claim' page also clarifies that 'injuries affecting mobility may qualify for additional compensation if they prevent the injured person from performing daily activities.'
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Claimants should seek legal advice if an insurer refuses to acknowledge daily activity limitations or disputes the injury's severity. In the Nepean area, where access to legal services may be limited, contacting a solicitor through the approved enquiry form ensures claimants understand their rights under the current scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.