Psychological treatment plans in NSW CTP claims: How they assess return to daily activities
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 recovering from a motor accident in Greater Sydney and have a psychological treatment plan, you may be wondering how this affects your CTP claim. Psychological treatment plans are a key piece of evidence that SIRA assessors use to determine your ability to return to daily activities. This article explains how these plans are evaluated under NSW CTP rules and what you need to know to ensure your claim is properly considered.
How SIRA uses psychological treatment plans in CTP claims
SIRA assessors rely on psychological treatment plans to understand the nature and extent of your mental health injuries. These plans are created by qualified mental health professionals and include details such as your symptoms, treatment goals, and progress. They help determine whether your injuries fall within the threshold injury definition under the Motor Accident Injuries Act 2017.
When assessing your ability to return to daily activities, SIRA looks at whether your treatment plan supports a conclusion that you are capable of performing routine tasks. This includes things like managing personal care, work, or social activities. The plan must also show that your injuries are likely to improve over time, or that they are expected to be long-term.
What evidence matters in psychological treatment plans
To support your claim, your psychological treatment plan should include:
- A clear diagnosis of your mental health condition
- Details of your treatment goals and progress
- Information on how your injuries affect your daily life
- An assessment of your ability to return to work or independent living
- Any recommendations for ongoing support or accommodations
It’s important that your treatment plan is comprehensive and directly addresses your ability to perform daily activities. If your plan is incomplete or lacks specific details, it may not be sufficient to support your claim.
How to ensure your psychological treatment plan supports your claim
To make sure your psychological treatment plan is effective in your CTP claim, consider the following:
- Ensure your mental health professional documents your symptoms and how they impact your daily life
- Keep a record of your treatment progress and any changes in your condition
- Provide your SIRA assessor with a detailed explanation of your treatment goals and how they relate to your ability to return to daily activities
- If your injuries are expected to be long-term, include this in your treatment plan
If you’re unsure whether your treatment plan is sufficient, it’s important to seek advice from a qualified legal professional who understands how SIRA evaluates these claims.
Time limits, disputes and when to seek advice
CTP claims in NSW have strict time limits. You must notify SIRA of your claim within 6 months of the accident, although this can be extended in certain circumstances. If your claim is disputed or you’re unsure about the outcome, it’s important to act quickly.
If your psychological treatment plan is not being considered properly, or if you believe your claim is being undervalued, you may need to seek independent legal advice. A solicitor can help you understand your options and ensure your claim is properly assessed.
When to seek independent legal advice
If your psychological treatment plan is not being properly considered, or if you believe your claim is being undervalued, it’s important to seek independent legal advice. A solicitor can help you understand your options and ensure your claim is properly assessed.
Next steps
If you're recovering from a motor accident in Greater Sydney and have a psychological treatment plan, it’s important to understand how this affects your CTP claim. Psychological treatment plans are a key piece of evidence that SIRA assessors use to determine your ability to return to daily activities. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.