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're pregnant and injured in a car accident in Ballina, the NSW Compulsory Third Party (CTP) scheme covers your treatment and rehabilitation. This article explains how the CTP scheme handles pregnancy-related injuries, what medical support you may receive, and how to plan your recovery under the Motor Accident Injuries Act 2017.
How the CTP Scheme Addresses Pregnancy Injuries
The CTP scheme covers injuries to pregnant individuals caused by motor vehicle accidents. Under the Motor Accident Injuries Act 2017, your treatment and rehabilitation must be prioritised to protect both you and your unborn child. This includes medical care, therapy, and any necessary modifications to your recovery plan.
SIRA (State Insurance Regulatory Authority) assesses claims by considering your medical records, specialist reports, and the nature of your injuries. Pregnancy-related injuries, such as spinal trauma or internal bleeding, are treated as serious and may qualify for additional support.
Practical Steps for Treatment and Rehabilitation Planning
After a car accident, seek immediate medical attention to document your injuries. Your healthcare team will create a treatment plan that accounts for your pregnancy, such as avoiding certain medications or adjusting physical therapy. Keep all medical records, including scans and specialist opinions, as they are critical for your claim.
Rehabilitation planning must include your maternity care team. For example, if your injury requires extended recovery time, your plan may include prenatal consultations, modified exercise routines, or temporary workplace adjustments. SIRA requires evidence that your treatment aligns with standard medical practices.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits for injuries that don't meet the 'threshold injury' definition. After this period, benefits may be limited unless your injury meets the whole-person impairment threshold. If your claim is disputed, SIRA will review your medical evidence and may request additional assessments.
Example: Pregnancy Injury and Rehabilitation Planning
Imagine a pregnant woman involved in a collision with spinal trauma. Her treatment plan includes MRI scans, physiotherapy, and regular prenatal check-ups. SIRA would assess whether her injury meets the threshold for benefits and whether her rehabilitation plan addresses both her pregnancy and recovery needs.
When to Seek Legal Advice
While the CTP scheme covers many aspects of your care, complex cases may require legal guidance. For example, if your injury overlaps with workers' compensation or if your claim is delayed, a solicitor can help ensure your rights are protected.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.