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 spinal injury in a motor accident in regional NSW, taking the right steps immediately can protect your claim. Under the NSW Compulsory Third Party (CTP) scheme, spinal injuries are treated as serious injuries requiring specific documentation. This guide explains what to do first, how SIRA handles spinal injury claims, and evidence that matters.
What to Do Immediately After a Spinal Injury
After a spinal injury, seek medical attention immediately. Delayed treatment can affect your claim. A doctor must confirm the injury's severity, including whether it meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017. For example, a spinal nerve-root injury with neurological signs (even without radiculopathy) may qualify as a threshold injury. Document the accident by taking photos, noting vehicle details, and recording witness statements. Contact SIRA (Spinal Injuries Research and Rehabilitation Authority) as soon as possible to start the claims process.
How SIRA Handles Spinal Injury Claims
SIRA manages claims under the CTP scheme, which covers injuries like spinal injuries. Unlike other injuries, spinal injuries require specific evidence to prove their severity. SIRA will assess whether your injury meets the 'threshold injury' criteria, which includes neurological signs or functional limitations. For instance, a cyclist who suffers a spinal injury resulting in partial paralysis would be eligible for treatment and income support. SIRA also evaluates whether your injury qualifies for long-term benefits, such as weekly income payments or lifetime care.
Crucial Evidence for Spinal Injury Claims
To support your claim, gather medical records from a specialist, including MRI scans and neurological assessments. SIRA requires evidence that your injury resulted from the accident and not pre-existing conditions. Keep records of income lost due to the injury, as well as any medical expenses. If you're a pedestrian or cyclist, ensure you have a witness to confirm the accident details. SIRA may also request a report from a medical practitioner assessing your whole person impairment.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim benefits for threshold injuries. After this period, weekly income benefits and treatment benefits generally stop unless your injury is classified as a 'serious injury' under the Motor Accident Guidelines. If your injury involves a spinal cord injury or requires long-term care, you may need to seek legal advice to challenge SIRA's assessment. Regional NSW residents should contact SIRA offices or a local solicitor early to avoid missing deadlines.
Example: A Cyclist's Spinal Injury Claim
Consider a cyclist who crashes into a car and sustains a spinal injury. A doctor confirms the injury meets the threshold injury definition, and SIRA approves treatment benefits. However, if SIRA disputes the severity of the injury, the cyclist may need to provide additional evidence, such as a specialist's report showing long-term functional limitations. In such cases, seeking independent legal advice ensures your claim is properly evaluated.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.