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 vision loss injury in a motor accident in Newcastle or Hunter, understanding your rights under NSW's Compulsory Third Party (CTP) scheme is critical. Vision loss claims under the Motor Accident Injuries Act 2017 are handled by the State Insurance Regulatory Authority (SIRA), which manages CTP claims for injuries like eye damage, blindness or partial sight loss. This article explains the first steps to take after a vision loss injury, what evidence is needed, and how SIRA evaluates claims for injured road users in the Newcastle and Hunter region.
Immediate Steps After a Vision Loss Injury
After a motor accident causing eye injury or vision loss, the first priority is securing medical attention. Delaying treatment can affect both your recovery and your ability to claim compensation. Seek care from a medical practitioner trained in eye injuries, as specialists like ophthalmologists can document the extent of your vision loss. Keep all medical records, including diagnostic reports, treatment plans, and notes from consultations.
Next, document the accident scene. Take photographs of the damage to your vehicle or the area where the incident occurred, and note details like traffic conditions, weather, and any visible injuries. If you're a pedestrian or cyclist, record the location of the accident and any witnesses. SIRA requires a clear connection between the accident and your injury, so evidence like medical records and accident reports are essential.
Contact SIRA as soon as possible. The CTP scheme covers injuries like vision loss, but claims must be submitted within specific timeframes. SIRA typically requires a claim form, medical evidence, and proof of the accident. If you're unsure about the process, SIRA's online portal provides step-by-step guidance for making a motor accident claim.
How SIRA Handles Vision Loss Claims
SIRA evaluates claims based on the Motor Accident Guidelines, which define injuries eligible for CTP benefits. Vision loss injuries are classified under 'threshold injuries' if they meet specific criteria, such as a significant reduction in visual acuity or field loss. For example, a person who loses 50% of their vision in one eye may qualify for weekly income payments and treatment benefits under the scheme.
However, not all vision loss injuries qualify for CTP compensation. SIRA distinguishes between 'threshold injuries' and 'whole person impairment' injuries. Threshold injuries are limited to specific conditions outlined in the guidelines, while whole person impairment claims require a more detailed assessment of long-term effects. If your vision loss doesn't meet the threshold criteria, you may still pursue a common law damages claim through a solicitor, though this is separate from the CTP scheme.
Evidence Needed for Vision Loss Claims
To support a vision loss claim, you'll need:
- Medical records confirming the injury's cause and severity
- A specialist's report linking the accident to your vision loss
- Witness statements or police reports
- Proof of income to claim weekly benefits
- Documentation of any pre-existing eye conditions
For example, if you were blinded in one eye after a collision, your ophthalmologist's report must detail the injury's cause and its connection to the accident. SIRA may also request a medical assessment to confirm the injury's permanence.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits. If your injury is a 'threshold injury, ' weekly income payments and treatment benefits will generally stop after 52 weeks, unless you meet the criteria for a whole person impairment claim. This means you must act quickly to ensure you don't miss out on eligible benefits.
If SIRA disputes your claim, you can request a review through their internal process. In some cases, a tribunal may need to resolve disagreements over the injury's severity or the claim's validity. It's important to act promptly, as delays can reduce your chances of securing compensation.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as those involving multiple injuries or disputes over the injury's severity, may require legal assistance. A solicitor can help you understand your options, ensure all evidence is submitted correctly, and challenge decisions if necessary. However, legal advice is not required for all claims, and many injured road users successfully navigate the CTP process with SIRA's support.
Next Steps for Injured Road Users
If you've suffered a vision loss injury in a motor accident, take these steps immediately: seek medical care, document the accident, and contact SIRA. Understanding the distinction between threshold injuries and whole person impairment claims is crucial, as it affects your eligibility for benefits. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.