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 road accident that worsened a pre-existing injury, NSW CTP laws assess whether the accident caused a deterioration. This guide explains how SIRA evaluates aggravation claims, what evidence matters, and how Ashfield residents can navigate this process.
How NSW CTP Laws Assess Injury Aggravation
NSW CTP compensation focuses on injuries caused or worsened by the accident. For pre-existing conditions, the key question is whether the accident caused a deterioration in your condition. SIRA guidelines state that aggravation must result in:
- A new or worsened medical condition
- A loss of function or increased pain
- A need for additional treatment
Medical evidence is critical. Doctors must prove the accident caused a change in your condition, not just a temporary flare-up. For example, a pre-existing knee injury that required surgery after an accident would qualify, while a temporary increase in pain without structural damage might not.
Practical Steps and Evidence for Aggravation Claims
To support your claim, gather:
- Medical records showing your pre-existing condition (diagnoses, treatment history)
- Evidence of the accident (police reports, witness statements)
- Medical opinions linking the accident to your worsened condition
- Documentation of any new treatments or lost income
Ashfield residents should consult a specialist doctor familiar with SIRA's aggravation criteria. A 2023 SIRA case noted that 'pre-existing conditions must be objectively shown to have deteriorated due to the accident, not merely exacerbated by stress or activity.'
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim benefits for threshold injuries (soft tissue injuries). However, claims involving aggravation of pre-existing conditions may have different timelines. If your claim involves:
- Complex medical evidence
- Disputes over causation
- Overlapping workers' compensation issues
Seek legal advice promptly. SIRA notes that 'aggravation claims require specialist assessment to differentiate between pre-existing conditions and new injuries caused by the accident.'
Real-world Example: Aggravation of a Pre-existing Back Condition
A cyclist with a history of disc herniation experienced increased pain and nerve symptoms after a collision. MRI scans showed new disc compression, and a specialist confirmed the accident caused a 'deterioration in spinal function.' This met SIRA's aggravation criteria, resulting in additional compensation for treatment and lost income.
Next Steps for Ashfield Residents
CTP claims involving pre-existing injuries depend on medical evidence proving a direct link between the accident and your worsened condition. While SIRA provides guidelines, each case is unique. To request contact about your circumstances, complete the quick, no obligation enquiry form.