Tradespersons involved in work vehicle crashes in New South Wales may face challenges returning to daily activities. Under the NSW Compulsory Third Party (CTP) scheme, claims are governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). This article explains how SIRA assesses daily activity restrictions, the evidence required to support claims, and practical steps for tradespersons in Western Sydney. It also outlines time limits and when to seek legal advice.
How SIRA Assesses Daily Activity Restrictions
SIRA evaluates claims based on medical evidence and the impact of injuries on daily tasks. For tradespersons, work-related injuries such as back strains, joint damage, or nerve injuries may limit their ability to perform job-specific activities like lifting materials or operating machinery. SIRA considers:
- Medical reports detailing the nature of injuries and restrictions
- Occupational assessments from healthcare professionals
- Workplace documentation showing how injuries affect job duties
For example, a tradesperson with a herniated disc may need to avoid heavy lifting, requiring adjustments to their work schedule or tasks. SIRA uses the Motor Accident Guidelines to determine if injuries meet the threshold for compensation.
Evidence Needed for Daily Activity Claims
To support claims about returning to work or daily activities, claimants must provide:
- Medical records showing injury diagnosis, treatment, and restrictions
- Workplace records (e.g., incident reports, supervisor notes) documenting how injuries impact job performance
- Witness statements from colleagues or clients about observed limitations
- Photographs of the accident scene or vehicle damage
- Income records to demonstrate lost wages or reduced earning capacity
A tradesperson with a soft tissue injury (e.g., whiplash) may need to show how their condition affects their ability to work at their usual pace. SIRA may also require a rehabilitation plan or medical opinion on when activities can safely resume.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits. After this period, weekly income payments and treatment benefits are generally limited unless the injury is classified as a 'threshold injury' under the Motor Accident Injuries Act 2017. However, claims for long-term impairment or permanent disability are not time-barred.
Disputes over injury severity or eligibility are resolved through SIRA's review process. Claimants should seek legal advice if they believe their case is undervalued or if their daily activity restrictions are not being properly considered.
When to Seek Legal Advice
Tradespersons in Western Sydney should consult a solicitor if:
- Their injury prevents them from working for extended periods
- SIRA disputes the link between their injury and daily activity restrictions
- They need assistance navigating complex claims processes
Legal professionals can help ensure all evidence is submitted correctly and that claimants understand their rights under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.