Shoulder Injuries and Time Limits for NSW CTP Claims
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).
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 New South Wales, you may be wondering about the time limits for making a claim under the Compulsory Third Party (CTP) scheme. The law in NSW sets specific deadlines for when you must act to claim compensation, and these deadlines can vary depending on the type of injury and the circumstances of the accident.
Under the Motor Accident Injuries Act 2017, the time limits for claiming compensation depend on whether your injury is classified as a 'threshold injury' or a more serious injury. Shoulder injuries, such as rotator cuff tears or dislocations, are often considered threshold injuries, which means they fall under the statutory benefits provided by the CTP scheme. However, the time limits for claiming these injuries are not the same as for more severe injuries.
Time Limits for Shoulder Injuries in NSW CTP Claims
The time limits for claiming compensation for a shoulder injury depend on whether the injury is classified as a threshold injury. If your injury is a threshold injury, you must notify the insurer within 52 weeks of the accident. This is because the CTP scheme provides limited benefits for threshold injuries after this period. If your injury is not a threshold injury, you may have a longer time to claim compensation, but this depends on the specific circumstances of your case.
If your injury is not a threshold injury, you may still be able to claim compensation, but the time limits may be different. You should seek legal advice as soon as possible to understand your options and ensure that you meet any deadlines.
Practical Steps and Evidence That Usually Matter
When making a claim for a shoulder injury under the NSW CTP scheme, you will need to provide evidence to support your claim. This may include medical records, a report from a medical practitioner, and evidence of the accident. You should also keep records of any income you have lost due to your injury, as this may affect the amount of compensation you are entitled to.
In addition to medical evidence, you may need to provide evidence of the accident, such as a police report, witness statements, or photographs of the scene. You should also keep copies of any correspondence with the insurer, as this may be important if your claim is disputed.
When to Seek Advice
If you have suffered a shoulder injury in a car accident, it is important to seek legal advice as soon as possible. This is because the time limits for claiming compensation can be strict, and you may need to act quickly to ensure that you meet any deadlines. You should also seek legal advice if you are unsure whether your injury qualifies as a threshold injury or if you believe that your claim has been denied unfairly.
If you are unsure about your options or need help with your claim, you can complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and it is important to seek advice to understand your options.
If you've suffered a shoulder injury in a car accident in New South Wales, you may be wondering about the time limits for making a claim under the CTP scheme. The law in NSW sets specific deadlines for when you must act to claim compensation, and these deadlines can vary depending on the type of injury and the circumstances of the accident. If your injury is a threshold injury, you must notify the insurer within 52 weeks of the accident. If your injury is not a threshold injury, you may have a longer time to claim compensation, but this depends on the specific circumstances of your case. It is important to seek legal advice as soon as possible to understand your options and ensure that you meet any deadlines.