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 in NSW can lead to significant compensation claims under the Compulsory Third Party (CTP) scheme. However, claimants in Ashfield often make errors that reduce their entitlements. This article explains the most common mistakes and how to avoid them.
Key CTP Rules for Knee Injuries
Under the Motor Accident Injuries Act 2017, knee injuries must meet specific criteria to qualify for benefits. SIRA guidelines state that injuries must result in a 'threshold injury', a defined level of harm requiring medical treatment. For example, ligament tears or meniscus damage may qualify, but minor sprains typically do not. Claimants must ensure their injury meets this threshold to access benefits like weekly payments or treatment costs.
Documentation Pitfalls to Avoid
One major mistake is failing to document the injury promptly. SIRA requires medical records confirming the injury's severity and link to the accident. Claimants should seek immediate medical attention and request a detailed report. For instance, a knee injury not diagnosed within 24 hours may lose its eligibility for benefits under the 52-week statutory limit. Photographs of the injury site and accident scene are also critical evidence.
Time Limits and Dispute Risks
CTP claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Delaying notification to insurers can result in lost benefits. SIRA also warns that disputes over injury severity are common. Claimants should avoid downplaying their injury's impact, as this can undermine claims for long-term care or income loss.
SIRA-Specific Requirements
SIRA's 'What you can claim' page clarifies that knee injuries must be assessed by a medical practitioner under the Motor Accident Guidelines. Claimants should request a 'threshold injury' assessment and retain all correspondence with insurers. Failing to follow this process may result in claims being rejected as 'notifiable' under the scheme.
Practical Example
Consider a claimant who suffered a torn ACL in a car accident. They delayed seeking medical treatment for three days, then submitted a claim without supporting documentation. SIRA determined the injury did not meet the threshold due to lack of evidence, resulting in no benefits. This highlights the need for prompt action and thorough record-keeping.
When to Seek Advice
While some mistakes are avoidable, others require legal expertise. For example, determining whether a knee injury qualifies for 'whole person impairment' (a key factor in damages claims) often needs a specialist assessment. Claimants should consult a solicitor if their injury involves complex medical conditions or disputes over fault.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.