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).
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).
Under New South Wales law, a 'minor injury' for Compulsory Third Party (CTP) motor accident claims is defined by the Motor Accident Injuries Act 2017 and SIRA guidelines. This classification determines eligibility for treatment cost funding. The article explains how injuries like whiplash or anxiety are assessed, the role of medical evidence, and practical steps for claimants. Key distinctions include the difference between threshold injuries and more severe claims, and how funding is calculated based on injury severity and treatment needs. Time limits and dispute options are also outlined.
What is a Minor Injury Under NSW CTP Laws?
A minor injury under NSW CTP rules refers to soft-tissue injuries or psychological injuries that do not meet the threshold for statutory benefits. The Motor Accident Guidelines define these as injuries requiring treatment but not resulting in long-term impairment. For example, a car accident causing whiplash or temporary anxiety may qualify. However, injuries like a fractured wrist or permanent neurological damage would not be classified as minor.
The definition includes a spinal nerve-root qualification: a spinal nerve-root injury producing neurological signs other than radiculopathy may still fall under the minor injury category. Radiculopathy requires specific clinical signs under the Motor Accident Guidelines to be classified as a threshold injury.
How Does Minor Injury Affect Funding for Treatment Costs?
CTP claims fund treatment costs based on injury severity. Minor injuries typically cover medical expenses, physiotherapy, and medications. The SIRA guidelines state that treatment funding is available for injuries requiring care within 52 weeks. After this period, benefits are limited unless the injury meets the threshold for long-term impairment.
For example, if a claimant sustains a minor soft-tissue injury after a car accident, they may receive funding for physiotherapy sessions and prescribed medications. However, if the injury resolves within 52 weeks, funding may stop unless there are ongoing treatment needs. The exact amount depends on the treatment plan and medical evidence.
What SIRA Resources Clarify Injury Severity and Funding?
SIRA provides authoritative guidance on minor injuries through its 'What you can claim' page. It explains that treatment costs are funded based on the injury's classification. For instance, a minor injury may cover up to 52 weeks of physiotherapy, while a threshold injury may qualify for longer-term benefits. SIRA also outlines how psychological injuries are assessed, including the need for professional diagnosis and treatment records.
Practical Steps and Evidence That Usually Matter
Claimants should gather medical records, accident reports, and witness statements. A doctor's report confirming the injury's classification is critical. For example, if a claimant seeks treatment for anxiety after a car accident, a psychologist's note detailing the diagnosis and treatment plan will support the claim.
Time Limits, Disputes and When to Seek Advice
CTP claims must be made within 52 weeks of the accident for treatment cost funding. Disputes over injury classification may require a review by SIRA or a legal assessment. Claimants should seek advice if they believe their injury meets the threshold for long-term benefits or if their funding is disputed.
Next Steps for Claimants
Time limits and procedural requirements vary depending on the injury's classification. To request contact about your circumstances, complete the quick, no obligation enquiry form.