Shoulder Injuries, Common Mistakes to Avoid in CTP Claims (Greater Sydney)
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 Greater Sydney, you may be eligible for compensation under New South Wales' Compulsory Third Party (CTP) scheme. However, many people make mistakes that can reduce or even prevent them from receiving the support they deserve. Understanding what to avoid is crucial to ensuring your claim is handled correctly.
What You Can Claim for a Shoulder Injury
Under the Motor Accident Injuries Act 2017, you may be eligible for treatment and care benefits, weekly income payments, and compensation for permanent impairment. Shoulder injuries, including rotator cuff tears and dislocations, are often included in claims because they can significantly impact your ability to work and perform daily activities.
However, not all shoulder injuries qualify for full compensation. The injury must meet the 'threshold injury' criteria outlined in the Motor Accident Guidelines. This means the injury must be serious enough to result in a loss of income or a significant reduction in your ability to work. Minor injuries, such as bruising or temporary stiffness, may not qualify for full compensation.
Common Mistakes to Avoid
- Failing to Seek Medical Attention Immediately - One of the most common mistakes is not seeking medical attention soon after the accident. Delayed treatment can lead to complications and may affect your eligibility for compensation. Always seek medical care as soon as possible, even if the injury seems minor.
- Not Documenting the Accident and Injuries - It's essential to document the accident and your injuries. This includes taking photos of the damage to your vehicle, noting any visible injuries, and keeping a record of all medical appointments and treatments. This documentation can be crucial in supporting your claim.
- Not Notifying the Insurer in a Timely Manner - Under NSW law, you have a time limit to notify the insurer of your claim. While the exact deadline may vary depending on the circumstances, it's generally advisable to notify the insurer within a reasonable time, typically within a few weeks of the accident.
- Not Understanding the Difference Between Statutory Benefits and Common Law Damages - Statutory benefits, such as treatment and care benefits, are available to all injured parties, regardless of fault. Common law damages, on the other hand, depend on the fault of the other party and may be limited if the injury does not meet the threshold criteria.
- Not Seeking Legal Advice Early - While not always necessary, seeking legal advice early can help you understand your options and ensure your claim is handled correctly. A solicitor can help you navigate the process and ensure you receive the support you deserve.
What to Do If You're Considering a CTP Claim
If you've suffered a shoulder injury in a car accident in Greater Sydney, the first step is to seek medical attention. Then, document the accident and your injuries, and notify the insurer. If you're unsure about your options, consider seeking legal advice. A solicitor can help you understand your rights and ensure your claim is handled correctly.
When to Seek Legal Advice
If you're unsure whether your injury qualifies for compensation, or if you're facing a dispute with the insurer, it's advisable to seek legal advice. A solicitor can help you understand your options and ensure your claim is handled correctly.
Time Limits and Disputes
Under NSW law, there are time limits for making a CTP claim. While the exact deadline may vary depending on the circumstances, it's generally advisable to notify the insurer within a reasonable time, typically within a few weeks of the accident. If you're facing a dispute with the insurer, it's advisable to seek legal advice as soon as possible.
Conclusion
Making a CTP claim for a shoulder injury in Greater Sydney can be a complex process. Understanding what to avoid is crucial to ensuring your claim is handled correctly. If you're unsure about your options, or if you're facing a dispute with the insurer, consider seeking legal advice. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.