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).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation significantly altered how pain and suffering damages are assessed. Under the revised scheme, non-economic loss claims are now primarily governed by statutory benefits outlined in the Motor Accident Injuries Act 2017, rather than common law principles. This shift has changed how injured claimants in Bankstown and across NSW prove their damages, with a stronger emphasis on medical evidence and SIRA’s guidelines.
How the 2017 Reforms Changed Pain and Suffering Claims
Prior to 2017, pain and suffering damages were often determined by courts using common law principles. The reforms replaced this with a statutory framework, making compensation more predictable but also more restrictive. Under the new rules, claimants must demonstrate their injury meets the 'threshold injury' criteria in the Motor Accident Guidelines. This includes showing a spinal nerve-root injury or radiculopathy with specific clinical signs.
The reforms also introduced a 52-week limit for weekly income benefits and treatment and care benefits. If a claimant’s only injuries are threshold injuries, benefits are generally capped after 52 weeks. This means claimants must prove their injury meets the higher 'whole person impairment' threshold to access long-term compensation.
What SIRA Looks For in Pain and Suffering Claims
SIRA assesses claims based on the Motor Accident Guidelines, which define 'threshold injury' and 'whole person impairment.' For pain and suffering, claimants must provide:
- Detailed medical records showing the injury’s impact
- Evidence of ongoing physical, emotional, or psychological effects
- Documentation of how the injury affects daily life (e.g., work, family, or social activities)
SIRA also considers the 'genuine and substantial' impact of the injury, meaning the claimant must show the injury has significantly altered their quality of life. This is distinct from statutory benefits like weekly payments, which are calculated based on income loss.
Practical Steps for Claimants in Bankstown
To prove pain and suffering under the revised scheme, claimants should:
- Seek immediate medical attention to document the injury and its effects.
- Keep a detailed diary of how the injury impacts daily activities, sleep, and mood.
- Gather witness statements or expert opinions supporting the injury’s severity.
- Submit all evidence to SIRA within the 52-week statutory period for weekly benefits.
If the injury exceeds the threshold, claimants may pursue additional compensation for 'whole person impairment.' This requires a specialist report confirming the injury meets the higher standard.
Time Limits and When to Seek Advice
The 2017 reforms introduced strict time limits for claiming benefits. For example, weekly income benefits must be claimed within 52 weeks of the accident. If the injury is not a threshold injury, claimants may lose access to these benefits entirely.
Disputes over claim validity are resolved by SIRA, not courts. Claimants should seek legal advice if:
- Their injury is unclear whether it meets the threshold
- They face a dispute over the injury’s impact
- They need help navigating SIRA’s assessment process
Example: How the Reforms Affect a Claim
Consider a claimant in Bankstown who suffered a soft-tissue injury (e.g., whiplash) after a car accident. Under the old system, they might have pursued a common law damages claim for pain and suffering. Now, they must prove the injury meets the threshold criteria in the Motor Accident Guidelines. If the injury does not meet the threshold, they may only receive limited weekly benefits, even if the injury causes ongoing discomfort.
Next Steps
The 2017 reforms have made NSW CTP claims more structured but also more complex. Claimants must carefully document their injury’s impact and understand the distinction between threshold injuries and whole person impairment. For personalized guidance, complete the quick, no obligation enquiry form to discuss your circumstances.