Pregnancy-Related Injuries in NSW CTP Claims: Changes After 2017 Reforms
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).
If you were injured during pregnancy in a car accident in New South Wales, the way you claim compensation has changed significantly since the 2017 reforms. The Motor Accident Injuries Act 2017 (MAIA) replaced the previous scheme, and the process for pregnancy-related injuries has evolved. This article explains what changed, how the New South Wales Compensation Injury Authority (SIRA) handles these claims, and what you need to know about your rights.
What Changed After the 2017 Reforms?
Before 2017, the Motor Accidents Compensation Act 1999 (MACA) governed CTP claims. However, the 2017 reforms introduced the Motor Accident Injuries Act 2017 (MAIA), which created a new framework for claims. One of the key changes is that pregnancy-related injuries are now treated as threshold injuries under the new scheme. This means that if your injury is related to your pregnancy, it may be eligible for benefits under the MAIA, but the process has changed.
Under the pre-2017 system, pregnancy injuries were often considered separately, and claimants had to prove that the injury was not related to the pregnancy. Now, under the MAIA, pregnancy-related injuries are generally included in the threshold injury definition, which means they are eligible for benefits such as weekly payments and treatment and care benefits.
How SIRA Handles Pregnancy-Related Injuries
SIRA is the main body responsible for processing CTP claims under the MAIA. When a claimant has a pregnancy-related injury, SIRA will assess whether the injury falls within the threshold injury definition. This includes injuries to the mother and the fetus, such as preterm birth, stillbirth, or injuries to the mother caused by the accident.
SIRA uses the Motor Accident Guidelines to determine whether an injury qualifies as a threshold injury. These guidelines include specific criteria for pregnancy-related injuries, such as the impact of the accident on the mother’s health and the health of the fetus. If the injury is classified as a threshold injury, the claimant may be eligible for benefits such as weekly income payments and treatment and care benefits.
Key Differences Between Pre-2017 and Post-2017 Pregnancy Injury Claims
One of the most significant changes is that pregnancy-related injuries are now included in the threshold injury definition under the MAIA. This means that claimants who were previously excluded from the scheme due to their pregnancy may now be eligible for benefits.
Another change is the way SIRA handles claims involving pregnancy-related injuries. Under the pre-2017 system, these claims were often processed separately, which could lead to delays and inconsistencies. Now, under the MAIA, these claims are processed under the same framework as other threshold injuries, which means they are treated more consistently.
Practical Steps for Pregnancy-Related Injury Claims
If you have been injured during pregnancy in a car accident, the first step is to seek medical attention. Your doctor will need to document the injury and its impact on your health. You should also report the accident to the police and obtain a copy of the police report.
Next, you should contact SIRA to start your claim. SIRA will assess your claim based on the Motor Accident Guidelines and determine whether your injury qualifies as a threshold injury. You may also need to provide evidence of your income, medical records, and any other relevant documents.
Time Limits and Dispute Options
Under the MAIA, there is a time limit for making a claim. Generally, you must make your claim within two years of the accident. However, there may be exceptions for certain types of injuries, such as those that result in long-term or permanent impairment.
If you believe your claim has been denied unfairly, you may have the option to dispute the decision. SIRA provides a formal process for disputing claims, and you may also seek legal advice if you believe your rights have been affected.
When to Seek Legal Advice
If your pregnancy-related injury has resulted in long-term health issues, or if you believe your claim has been denied unfairly, it may be beneficial to seek legal advice. A solicitor can help you understand your rights and ensure that your claim is processed correctly.
Conclusion
The 2017 reforms have changed the way pregnancy-related injuries are handled in NSW CTP claims. Under the new scheme, these injuries are generally included in the threshold injury definition, which means they are eligible for benefits such as weekly payments and treatment and care benefits. If you have been injured during pregnancy in a car accident, it is important to seek medical attention, report the accident, and contact SIRA to start your claim. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.