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).
A shoulder injury from a car accident in NSW may affect your ability to perform daily activities, which can impact your CTP compensation claim. Under NSW law, the Motor Accident Injuries Act 2017 and SIRA guidelines determine eligibility for benefits like weekly income payments and treatment costs. This article explains how shoulder injuries are assessed, what evidence is needed, and when to seek legal advice.
How Shoulder Injuries Affect CTP Claims
Shoulder injuries, including rotator cuff tears or dislocations, can limit mobility and daily tasks like lifting, reaching, or dressing. Under NSW CTP rules, injuries must meet the 'threshold injury' criteria in the Motor Accident Guidelines to qualify for benefits. SIRA assesses whether the injury significantly impacts your ability to work or perform routine activities. For example, if a shoulder injury prevents you from lifting groceries, this may support a claim for weekly income payments.
Evidence to Prove Daily Activity Limitations
To support a claim, you must provide medical evidence showing how the injury affects your daily life. This includes:
- Detailed medical records from a doctor or physiotherapist
- A statement from your treating practitioner about functional limitations
- Records of income loss or reduced earning capacity
- Witness statements or photos of the accident scene
SIRA may also request a report from a registered medical practitioner to assess your impairment.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim weekly income benefits for threshold injuries. After this period, benefits generally stop unless the injury is severe enough to qualify for a damages claim. If your claim is disputed, you may need to:
- Request a review from SIRA
- Seek independent medical opinions
- Consult a solicitor to challenge a decision
When to Seek Legal Advice
If your shoulder injury affects your ability to work or perform daily tasks, contact a solicitor to review your claim. A lawyer can help you:
- Gather necessary evidence
- Challenge a denied claim
- Understand your options for compensation
Returning to daily activities after a shoulder injury can be challenging. Understanding your rights under NSW CTP laws ensures you receive the support you need. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.