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 or a family member has developed post-traumatic stress disorder (PTSD) after a road trauma in New South Wales, you may be entitled to compensation through the Compulsory Third Party (CTP) scheme. This article explains how PTSD claims under NSW CTP law account for caregiver responsibilities and family support needs, with practical guidance for Western Sydney residents.
How PTSD Claims Work Under NSW CTP Laws
The Motor Accident Injuries Act 2017 governs CTP claims in NSW, including psychological injuries like PTSD. SIRA (State Insurance Regulatory Authority) guidelines clarify that PTSD claims must demonstrate a direct link between the road trauma and the psychological injury. While CTP covers medical treatment and income loss, family-related support needs, such as caregiving or lost income due to caring responsibilities, must be documented separately.
Caregiver responsibilities are assessed based on the injured person’s medical needs. For example, if a family member must take time off work to provide care, this could qualify as a 'loss of income' claim under the CTP scheme. SIRA’s 'What you can claim' page outlines that family members may seek compensation for lost wages, out-of-pocket expenses, and other support-related costs.
Practical Steps for Families and Caregivers
To support a PTSD claim, families should gather evidence of caregiving efforts. This includes:
- Medical records confirming PTSD diagnosis and treatment
- Proof of income loss due to caregiving (e.g., pay slips, employer statements)
- Documentation of out-of-pocket expenses (e.g., transport, home modifications)
- Witness statements or care logs showing daily support provided
Insurers may request details about the injured person’s recovery progress and how family support has impacted their care. It’s crucial to maintain records of all communication with insurers and healthcare providers.
Time Limits and When to Seek Advice
CTP claims have strict time limits. Most claims must be submitted within 52 weeks of the accident, though exceptions exist for complex cases. If a family member’s PTSD worsens over time, claims for long-term support may require specialist legal advice to ensure all eligible benefits are pursued.
Disputes over family-related claims are resolved through the NSW Civil and Administrative Tribunal (NCAT). Families should seek legal assistance if insurers reject claims or dispute the extent of caregiver responsibilities.
Example: Caregiving Costs in a PTSD Claim
Consider a scenario where a parent develops PTSD after a car crash and requires 24/7 care. The family member’s lost income from leaving work, plus expenses for therapy and home modifications, may all be claimable under CTP. SIRA’s 'Making a motor accident claim' guide explains how to submit these claims separately from the injured person’s own benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.