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).
In New South Wales, a claimant must prove a permanent impairment of at least 10% whole person impairment (WPI) to qualify for ongoing compensation under the Compulsory Third Party (CTP) scheme. This threshold determines whether a claimant is eligible for weekly income payments, treatment benefits, or damages. In Bathurst, claimants must document their injury and impairment using specific evidence to meet this legal standard.
Legal Threshold for Permanent Impairment
The Motor Accident Injuries Act 2017 defines the 10% WPI threshold as the minimum level of injury required to access ongoing benefits. A whole person impairment assessment by a medical practitioner is necessary to establish this. The Motor Accident Guidelines outline the clinical criteria for assessing impairment, including neurological signs and functional limitations. If a claimant’s injury does not meet this threshold, benefits under the CTP scheme generally stop after 52 weeks.
Evidence Required to Prove Permanent Impairment
To support a claim, injured persons must provide:
- Medical records showing the injury, treatment, and recovery timeline
- Specialist reports from medical practitioners assessing impairment
- Imaging results (e.g., MRI, X-rays) documenting the injury
- Diary or journal recording symptoms, treatment, and daily impact
- Witness statements or accident reports to corroborate the injury
In Bathurst, claimants should ensure all evidence is preserved and submitted to the relevant insurer or the State Insurance Regulatory Authority (SIRA). Medical practitioners must use the Motor Accident Guidelines to assess impairment, as deviations from these standards may affect claim outcomes.
How to Document Evidence in Bathurst
Claimants should:
- Keep all medical records from the date of injury, including specialist consultations
- Photograph the accident scene if possible, noting vehicle positions and conditions
- Record income details to support claims for lost wages or reduced earning capacity
- Maintain a diary of symptoms, treatment, and how the injury affects daily activities
- Preserve correspondence with insurers, medical providers, and accident investigators
In cases where the injury does not meet the 10% WPI threshold, claimants may still be eligible for limited benefits under the CTP scheme. However, benefits typically stop after 52 weeks unless the injury meets the threshold.
Consequences of Failing to Meet the Threshold
If a claimant’s injury does not meet the 10% WPI threshold, they may lose access to ongoing weekly benefits and treatment payments. However, they may still be eligible for a one-time lump sum payment if the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017. This distinction is critical, as it affects the type and duration of compensation available.
When to Seek Legal Advice
Claimants in Bathurst should consult a legal professional if:
- They are unsure whether their injury meets the 10% WPI threshold
- Their benefits have stopped after 52 weeks and they believe the injury meets the threshold
- They have disputes with insurers over the assessment of impairment
- They need assistance navigating the CTP claims process
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.