Pregnancy-Related Injuries and NSW CTP Scheme Eligibility
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 sustained a pregnancy injury in a car accident in Ashfield, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. The scheme covers injuries to mothers and fetuses caused by motor vehicle accidents, including complications like preterm labor, miscarriage, or fetal harm. However, eligibility depends on specific legal criteria and evidence.
Key CTP Rules for Pregnancy Injuries
The Motor Accident Injuries Act 2017 governs the scheme. Pregnancy injuries are included if they resulted directly from the accident. This includes:
- Maternal injuries (e.g., internal bleeding, organ damage)
- Fetal injuries (e.g., brain damage, limb fractures)
- Complications like preterm labor or stillbirth
The scheme also covers treatment costs, income loss, and other consequences. However, claims must be made within the statutory time limits, and injuries must meet the 'threshold injury' definition under the Motor Accident Guidelines.
Evidence Needed for Pregnancy Injury Claims
To claim compensation, you'll need:
- Medical records confirming the injury and its link to the accident
- A doctor's report detailing how the injury occurred
- Police reports or accident statements
- Evidence of income loss or medical expenses
For example, if a car accident caused a pregnant woman to suffer preterm labor, medical records would need to show the injury was caused by the accident, not pre-existing conditions.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the injury (or 104 weeks for some injuries) under the scheme's 'only injuries' rule. If your injury is a 'threshold injury' (e.g., minor soft tissue damage), benefits may stop after 52 weeks. If you dispute a decision, you can request a review through SIRA or seek legal advice.
When to Seek Advice
The CTP scheme has strict rules about eligibility, evidence, and deadlines. For pregnancy injuries, the link between the accident and the injury must be medically established. A solicitor can help you:
- Gather necessary evidence
- Meet time limits
- Challenge decisions about your claim
Next Steps
If your pregnancy injury was caused by a car accident in Ashfield, contact SIRA directly or seek legal advice to understand your options. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.