Funding Treatment Costs for Tradespersons in Work-Related Vehicle Crashes
If you are a tradesperson injured in a motor vehicle crash while driving a work vehicle in Greater Sydney, your treatment costs may be funded through the NSW Compulsory Third Party (CTP) insurance scheme, administered by the State Insurance Regulatory Authority (SIRA). This funding applies regardless of whether you were driving for work or on a personal errand, provided the crash occurred on a road or public area and involved a motor vehicle. The CTP scheme covers reasonable and necessary treatment and care for injuries sustained in a motor accident, including medical services, allied health, and rehabilitation.
How SIRA Funds Treatment Costs
SIRA oversees the CTP scheme in NSW and ensures that eligible claimants receive funding for treatment and care. For tradespersons, this means that if your injury resulted from a motor accident involving a vehicle, you may be entitled to funding for treatment and care, including physiotherapy, psychology, and specialist medical consultations. The funding is not limited to injuries that result in a permanent impairment, but must be directly related to the motor accident.
To access treatment funding, you must make a claim under the Motor Accident Injuries Act 2017 (MAIA). The claim is made through the insurer of the vehicle at fault, or the Nominal Defendant if no insurer can be identified. SIRA provides a national claims portal and guidance to assist claimants through the process.
Key Differences for Tradespersons in Work Vehicle Crashes
Unlike standard CTP claims, tradespersons who are injured while operating a vehicle for work may face unique considerations. The nature of the work vehicle and the context of the crash, such as whether the vehicle was used for business purposes, whether the driver was on a work assignment, or whether the vehicle was registered for business use, can affect the claim. However, under NSW law, the CTP scheme does not distinguish between personal and work vehicle use when assessing entitlement to treatment and care benefits.
The critical factor is not whether the vehicle was used for work, but whether the accident occurred on a road or public area and involved a motor vehicle. If so, the CTP scheme applies. This means that even if you were driving a work vehicle for a job-related purpose, your entitlement to treatment funding is not excluded. The scheme is designed to cover injuries sustained in motor accidents, regardless of the driver’s occupation or the vehicle’s use.
The 10% Impairment Threshold and Its Relevance
A common point of confusion for tradespersons is the 10% whole person impairment (WPI) threshold. This threshold determines eligibility for damages in a common law claim, not for treatment and care benefits. Under the MAIA, you are entitled to treatment and care benefits regardless of whether your WPI is above or below 10%. These benefits are available for injuries that are not considered minor or threshold injuries, or for those that fall within the threshold injury definition.
If your injury is classified as a threshold injury (such as a soft tissue injury), you may still receive treatment and care benefits, but only for a limited period. The law provides that if your only injuries are threshold injuries, treatment and care benefits are generally limited to 52 weeks from the date of the accident. This 52-week limit applies regardless of whether you are a tradesperson or not.
Practical Steps and Evidence That Matter
To secure funding for treatment costs, you should take the following steps:
- Seek medical attention immediately after the accident and keep all records, including diagnosis, treatment plans, and progress notes.
- Notify the insurer of the vehicle at fault as soon as possible, or contact SIRA if no insurer is available.
- Preserve evidence such as photographs of the vehicle damage, accident scene, and any visible injuries.
- Collect contact details of witnesses and obtain a police report if one was filed.
- Keep records of all out-of-pocket expenses related to treatment, such as travel to appointments or medication costs.
SIRA’s guidelines confirm that treatment and care benefits are funded for reasonable and necessary services. You must provide evidence that the treatment was directly related to the motor accident and that it was recommended by a qualified medical practitioner.
Time Limits and Dispute Options
There is a time limit for making a claim under the CTP scheme. You must notify the insurer of the vehicle at fault within 6 months of the accident date. While this deadline is not absolute, delays may affect the insurer’s ability to investigate and assess your claim. If you miss the 6-month window, you may still be able to make a claim, but you must provide a valid reason for the delay.
If your claim for treatment funding is denied or you disagree with the insurer’s assessment, you may request a review from SIRA. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision on the claim. These processes are available to all claimants, including tradespersons.
Hypothetical Example
A plumber in Sydney was driving a van for a job when he was struck by another vehicle at a roundabout. He sustained soft tissue injuries to his neck and back. He sought medical treatment within 48 hours and obtained a report from his GP confirming the injury was related to the crash. He notified the insurer of the at-fault vehicle within 5 weeks and submitted all medical records. His claim for treatment and care benefits was approved, and he received funding for 12 weeks of physiotherapy and two sessions with a psychologist. The insurer later advised that because his only injuries were threshold injuries, funding would end after 52 weeks, which he accepted.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.