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 traumatic brain injury (TBI) in a motor accident in Ashfield, understanding your rights under NSW's Compulsory Third Party (CTP) scheme is critical. This article explains the immediate steps to take, how SIRA handles TBI claims, and the legal framework governing compensation. Time limits and evidence requirements are also outlined to help you navigate the process.
Immediate Actions After a Traumatic Brain Injury
After a TBI from a motor accident, your first priority is medical care. Seek treatment at a hospital or registered medical practitioner immediately. Document all injuries, symptoms, and medical advice. Preserve evidence such as:
- Accident reports from police or witnesses
- Photographs of the scene and vehicle damage
- Witness contact details
- Medical records showing neurological signs
SIRA (State Insurance Regulatory Authority) administers CTP claims in NSW. They assess whether your injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017. For TBIs, this typically involves neurological signs like changes in mental status, speech, or coordination, even if imaging shows no visible damage.
How SIRA Handles TBI Claims
SIRA evaluates claims based on medical evidence and the Motor Accident Guidelines. For TBIs, they may cover:
- Treatment and care benefits (up to 52 weeks)
- Weekly income payments if you're unable to work
- Rehabilitation support
However, claims for 'threshold injuries' are limited to 52 weeks of benefits. If your TBI is classified as a 'threshold injury, ' SIRA will stop weekly payments after 52 weeks, unless you meet the criteria for a 'whole person impairment' assessment. This distinction is crucial for long-term support.
Key Steps to Initiate a CTP Claim
- Notify SIRA within 52 weeks of the accident. Delays may reduce your entitlements. Use the online form at SIRA claims portal.
- Submit medical evidence showing your TBI meets the threshold injury definition. This includes neurological assessments and imaging reports.
- Request a review if SIRA disputes your claim. You can apply for a review within 28 days of their decision.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident. If you wait beyond this period, you may lose access to weekly benefits. For disputes, you can:
- Apply for a review through SIRA
- Seek mediation via the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor if your claim involves complex issues like long-term care needs or disputes over impairment ratings
When to Seek Legal Advice
Consider contacting a solicitor if:
- Your TBI requires ongoing medical treatment
- SIRA has denied your claim
- You need assistance with long-term care planning
- You're unsure about your legal options
Example Scenario
A cyclist in Ashfield suffers a TBI after being hit by a car. They seek immediate medical attention and document the accident. SIRA assesses the claim and approves treatment benefits. After 52 weeks, the cyclist applies for a review due to ongoing symptoms, leading to a reassessment of their impairment rating.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.