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).
The Motor Accident Injuries Act 2017 (MAIA) governs statutory benefits for injured road users in NSW, including claims about returning to daily activities. This article explains how the Act applies to claims in the Illawarra and South Coast regions, outlines practical steps for claimants, and highlights how SIRA resources support regional CTP claims.
How the MAIA Defines 'Returning to Daily Activities'
The MAIA defines 'returning to daily activities' as the ability to perform ordinary tasks such as cooking, shopping, or managing personal care. This is distinct from full recovery and focuses on functional capacity rather than complete healing. Under the Act, claims for daily activities are typically made through the Compensation for Injuries section, which includes weekly income payments and treatment benefits.
For regional areas like Illawarra and South Coast, the assessment process follows the same legal framework as metropolitan NSW. However, claimants may need to account for geographic factors, such as limited access to specialist medical services or delays in accessing regional clinics. SIRA’s guidelines emphasize that assessments must consider the injured person’s ability to perform daily tasks, not just physical recovery.
Practical Steps and Evidence for Daily Activities Claims
To support a claim about returning to daily activities, claimants should:
- Gather medical evidence showing functional limitations, such as reports from physiotherapists or occupational therapists.
- Document daily challenges, such as difficulty preparing meals or managing household chores.
- Obtain records of any work-related impacts, including reduced hours or inability to perform job duties.
- SIRA provides tools to help claimants, including the
- Daily Activities Checklist* and
- Functional Capacity Assessment* forms. These resources are available regionally and can be accessed via SIRA’s website. Claimants should also keep records of all correspondence with insurers, as delays in processing claims can affect benefits.
Regional Considerations in Illawarra and South Coast
While the MAIA applies uniformly across NSW, regional claimants may face unique challenges. For example, limited access to specialist medical facilities in rural areas could delay assessments. SIRA’s regional offices in Wollongong and Nowra offer support for claimants, including assistance with navigating local healthcare services.
A hypothetical example illustrates this: A cyclist injured in a Wollongong car park may struggle to prepare meals due to hand pain. Medical records showing reduced grip strength and a daily activities diary noting meal preparation difficulties would support a claim for weekly income payments under the MAIA.
Time Limits and When to Seek Advice
Claimants must notify their insurer within 28 days of the accident to avoid missing statutory benefits. However, delays in accessing medical care or processing claims can affect long-term entitlements. Under the MAIA, weekly income payments are generally limited to 52 weeks if only threshold injuries are involved. Claimants should seek legal advice if they believe their injuries exceed the threshold or if benefits are being denied.
Next Steps for Claimants
If you’ve been injured in an Illawarra or South Coast road accident and are struggling with daily tasks, it’s important to act promptly. SIRA’s regional resources can help assess your claim, but complex cases may require legal assistance. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.