Pregnancy Injuries in NSW CTP Claims
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 pregnant and injured in a car accident in Newcastle or Hunter, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. Pregnancy-related injuries are treated as serious claims because they can affect both the mother and fetus. SIRA (State Insurance Regulatory Authority) oversees these claims, and the assessment depends on medical evidence, the nature of the injury, and whether it meets the scheme's criteria.
How Pregnancy Injuries Are Assessed Under NSW CTP Rules
Under the Motor Accident Injuries Act 2017, injuries to a pregnant woman or fetus are evaluated based on whether they meet the 'threshold injury' definition. This includes injuries that result in a significant loss of function, such as a fractured pelvis, placental abruption, or fetal harm. SIRA's guidelines state that injuries must produce neurological signs or impair mobility to qualify for compensation.
For example, if a pregnant woman sustains a spinal nerve-root injury during a collision, it may still count as a soft-tissue injury under the scheme if it causes neurological symptoms beyond radiculopathy. However, minor injuries like bruising or temporary discomfort typically do not qualify.
Practical Steps and Evidence for Pregnancy Injury Claims
To support a claim, you'll need:
- Medical records confirming the injury's impact on the mother or fetus
- Police reports or accident statements from the crash
- Witness statements or photographs of the scene
- Proof of income loss if the injury affects your ability to work
SIRA requires evidence that the injury occurred as a result of the accident. If you're unsure whether your injury qualifies, seek medical advice to document the extent of the harm.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if they involve only threshold injuries. If your injury exceeds the threshold, you may be eligible for longer-term benefits. However, time limits apply to all claims, so it's crucial to act promptly.
Disputes can arise if SIRA disputes the severity of the injury or the link to the accident. In such cases, you may need to provide additional medical evidence or consult a legal professional to challenge the decision.
When to Seek Legal Advice
If your injury involves complex medical conditions, such as preterm labor or fetal distress, it's important to seek legal guidance. A lawyer can help ensure you meet all SIRA requirements and understand your rights under the CTP scheme.
Example: Pregnancy Injury in a Newcastle Car Accident
Consider a scenario where a pregnant woman is involved in a collision on a Newcastle highway. She sustains a pelvic fracture and requires surgery, leading to a prolonged recovery. SIRA would assess whether the injury meets the threshold criteria and whether it results in a whole-person impairment. If the injury is severe enough, she may be entitled to weekly income payments and treatment benefits.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.