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've suffered a shoulder injury in a car accident in rural or remote NSW, documenting your injuries properly is essential to claim compensation under the NSW Compulsory Third Party (CTP) scheme. This guide explains what evidence matters, how rural claims differ from urban ones, and how to use SIRA's framework to support your claim.
What Evidence Matters for Shoulder Injuries
To claim compensation for a shoulder injury under the CTP scheme, you must prove the injury resulted from a motor vehicle accident. Key evidence includes:
- Medical records showing diagnosis of rotator cuff tears, dislocations, or fractures
- Doctor notes detailing how the injury affects daily activities
- Imaging reports (X-rays, MRIs) confirming the injury
- Witness statements from people who saw the accident
- Photographs of the accident scene and vehicle damage
- Accident report from the NSW Police or local authority
For shoulder injuries, you must also demonstrate how the injury impacts your ability to work or perform everyday tasks. SIRA's guidelines emphasize that injuries must meet the threshold injury definition under the Motor Accident Injuries Act 2017.
Rural and Remote Considerations
In rural areas, obtaining medical records can be more challenging. If you're in a remote location without access to specialists, you should:
- Seek treatment at the nearest hospital or telehealth service
- Request copies of all medical records in writing
- Document any delays in accessing care
- Keep a journal of symptoms and how the injury affects your life
Unlike urban areas, rural claimants may need to provide more detailed evidence of treatment delays or limited access to specialists. SIRA's 'What you can claim' page explains how to prove injuries that meet the threshold for compensation.
SIRA Resources for Shoulder Injuries
SIRA provides specific guidance for claims involving shoulder injuries:
- Visit SIRA's Motor Accident Claims page to understand what injuries qualify
- Use the What you can claim tool to assess your case
- Contact SIRA directly for advice on rural-specific challenges
SIRA's framework requires you to prove the injury was caused by a motor vehicle accident and that it meets the threshold injury definition. For example, a rotator cuff tear that limits arm movement may qualify, while a minor sprain may not.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim compensation for threshold injuries. After this period, you may still be eligible for treatment and care benefits, but weekly income payments usually stop. If your injury is more severe, you may need to pursue a common law damages claim through a solicitor.
If you're unsure whether your injury meets the threshold, seek legal advice immediately. Rural claimants often face delays in accessing legal support, so early consultation is critical.
Example Scenario
A farmer in Dubbo suffered a shoulder dislocation after a collision. He documented the injury with a GP, obtained an MRI, and kept a diary of how the injury affected his ability to work. He submitted these records to SIRA and received treatment benefits. This example shows how proper documentation can support a claim.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.