How SIRA Determines Permanent Impairment for CTP Claims in NSW
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).
If you've suffered a permanent injury in a motor accident in Bathurst, you may be wondering whether your claim meets the 10% whole person impairment threshold under NSW law. This threshold determines whether you qualify for additional compensation beyond standard benefits. SIRA (State Insurance Regulatory Authority) applies this threshold using specific medical guidelines, which this article explains.
What Is the Permanent Impairment Threshold?
Under the Motor Accident Injuries Act 2017, a claimant must have a permanent impairment of at least 10% to qualify for additional compensation. This means the injury must significantly affect your physical or mental capacity. SIRA assesses this using the Motor Accident Guidelines and clinical evidence from medical practitioners.
How Does SIRA Assess Permanent Impairment?
SIRA evaluates injuries based on:
- Medical reports detailing the nature and severity of the injury
- Clinical evidence of ongoing impairment
- Expert opinions from registered medical practitioners
For example, a back injury causing chronic pain that limits mobility might be assessed as 12% impairment, meeting the threshold. SIRA uses the whole person impairment rating, which considers all impacts on daily life.
Evidence Required for a Permanent Impairment Claim
To support your claim, you'll need:
- Detailed medical records showing the injury's progression
- Evidence of ongoing impairment (e.g., reduced mobility, chronic pain)
- A report from a medical practitioner assessing your impairment level
If your injury meets the 10% threshold, you may be eligible for additional compensation for long-term effects.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim standard benefits, but permanent impairment claims may have different timelines. If SIRA disputes your impairment rating, you can request a review or seek independent medical assessment. Always act promptly to preserve your rights.
When to Seek Legal Advice
The permanent impairment threshold can be complex, especially if your injury involves neurological or musculoskeletal damage. A solicitor can help you understand whether your claim meets the threshold and how to proceed with SIRA.
Next Steps
CTP claims depend on the date of your accident, the nature of your injury, and whether your impairment meets the 10% threshold. If you're in Bathurst and need help understanding your claim, complete the quick, no obligation enquiry form to request contact about your circumstances.