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).
Vision loss from a motor accident can severely impact a person's ability to perform everyday tasks like cooking, reading or driving. In New South Wales, injured individuals with eye injuries may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how vision loss claims work under NSW law, what evidence is needed to support recovery of daily activities, and how the State Insurance Regulatory Authority (SIRA) assesses these claims.
How Vision Loss Affects Daily Life
Eye injuries from motor accidents can range from temporary blurred vision to permanent blindness. Even partial vision loss can make it difficult to complete routine activities such as preparing meals, managing finances or using public transport. Injuries to the optic nerve, retina or brain can also cause long-term mobility issues or require specialist equipment to perform everyday tasks.
CTP Claims for Vision Loss
Under the Motor Accident Injuries Act 2017, injured drivers, passengers and pedestrians can claim compensation for eye injuries. SIRA evaluates claims based on medical evidence showing a direct link between the accident and the vision loss. Commonly claimed benefits include:
- Weekly income payments for lost wages
- Treatment and care benefits for medical expenses
- Rehabilitation support to regain independence
SIRA uses the Motor Accident Guidelines to assess whether the injury meets the 'threshold injury' definition. For example, a person with a 20% loss of visual field may qualify for benefits, while total blindness is typically classified as a 'whole person impairment' requiring a separate assessment.
Proving Ability to Return to Daily Activities
To claim compensation for vision loss, injured individuals must provide:
- Detailed medical records from ophthalmologists or optometrists
- Evidence of how the injury impacts specific daily tasks
- Statements from family members or carers about changes in routine
- Proof of income or financial hardship caused by the injury
SIRA may request additional documentation such as vision tests, MRI scans or specialist reports to determine the extent of the injury and its effect on daily life.
Time Limits and Dispute Resolution
Injured persons must notify their insurer within 52 weeks of the accident to claim weekly benefits. However, claims for permanent vision loss or long-term mobility issues can be made at any time. If a claim is disputed, injured individuals can:
- Request a review from SIRA
- Seek independent medical opinions
- Consult a solicitor for legal advice
When to Seek Professional Help
While SIRA provides a framework for claims, the process can be complex. Injured individuals should seek legal advice if:
- Their vision loss is worsening
- They face disputes over claim value
- They need assistance with medical evidence
- They want to understand long-term support options
Returning to daily activities after a vision loss claim requires patience and proper support. Understanding your rights under NSW CTP laws can help injured individuals navigate the recovery process and access the compensation they need.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.