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).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes to how vision loss claims are assessed. These reforms, under the Motor Accident Injuries Act 2017, shifted the focus from subjective injury descriptions to objective medical evidence. For Central Coast claimants, understanding these changes is critical to securing fair compensation for eye injuries or blindness caused by motor accidents.
How the 2017 Reforms Changed Vision Loss Claims
Prior to 2017, vision loss claims often relied on general descriptions of visual impairment. The reforms now require claims to be evaluated using the Motor Accident Guidelines, which define specific medical criteria for vision-related injuries. For example, claims for partial or total blindness must demonstrate a measurable loss of visual function, such as a visual acuity of 6/60 or worse, as assessed by an optometrist or ophthalmologist.
The reforms also clarified that injuries classified as 'threshold injuries', such as soft tissue damage or minor vision loss, must meet strict clinical criteria to qualify for statutory benefits. This means claims for vision loss must now be supported by documented medical evidence, including eye exams, imaging reports, and specialist opinions, to avoid being limited to the 52-week statutory benefit period.
Practical Steps for Central Coast Claimants
If you’ve suffered a vision loss injury in a motor accident on the Central Coast, take these steps:
- Seek immediate medical attention to document the injury. Eye specialists must assess the extent of the damage.
- Keep detailed records of your vision loss, including pre- and post-accident eye exams, treatment plans, and how the injury affects daily activities.
- Notify your insurer under the CTP scheme. SIRA (State Insurance Regulatory Authority) oversees claims and provides guidelines for assessing vision-related injuries.
Time Limits and Dispute Resolution
Claims for vision loss injuries must be submitted within 52 weeks of the accident if they fall under the 'threshold injury' category. However, if the injury exceeds the threshold (e.g., total blindness or severe visual field loss), claims may continue beyond this period. Disputes over vision loss claims often require independent medical assessments to determine whether the injury meets the updated SIRA guidelines.
When to Seek Legal Advice
If your vision loss claim is being disputed or you’re unsure whether your injury qualifies under the new rules, consult a solicitor specialising in CTP claims. Legal professionals can help navigate SIRA’s updated assessment criteria and ensure your claim meets all statutory requirements.
Example: A Central Coast Vision Loss Claim
Consider a claimant who suffered a traumatic brain injury in a car accident, resulting in partial blindness. Under the 2017 reforms, the claimant must provide evidence of a visual acuity of 6/60 or worse, as well as documentation of how the injury impacts their ability to work or perform daily tasks. This example illustrates how the reforms require a more rigorous evidentiary standard for vision loss claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.