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 New South Wales, taking the right steps immediately can protect your claim. Vision loss claims under the NSW Compulsory Third Party (CTP) scheme require prompt action, especially in rural and remote areas where access to services may be limited. This guide explains what to do after an eye injury, how SIRA handles claims, and the evidence needed to support your case.
What to Do After a Vision Loss Injury
After a motor accident causing vision loss, seek immediate medical attention. A doctor or optometrist must document the injury, as medical records are critical for proving your claim. Delayed treatment may affect your ability to claim compensation under the Motor Accident Injuries Act 2017.
In rural areas, access to specialists like ophthalmologists may be limited. Ensure your general practitioner (GP) records the injury and refers you to a specialist if needed. Keep all medical documents, including diagnostic reports, treatment plans, and records of any vision tests.
SIRA and Vision Loss Claims
The State Insurance Regulatory Authority (SIRA) administers NSW CTP claims. For eye injuries, SIRA considers whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines. Threshold injuries include vision loss that affects daily activities, such as difficulty reading or navigating.
SIRA requires claims to be submitted within 52 weeks of the accident if the injury is a threshold injury. If your vision loss is severe and meets the 'whole person impairment' threshold, you may be eligible for ongoing weekly payments and treatment benefits. Rural residents should contact SIRA directly to confirm eligibility, as delays in reporting may affect benefits.
Evidence and Practical Steps
To support your claim, gather evidence such as:
- Police accident reports
- Witness statements
- Photographs of the accident scene
- Medical records detailing the injury and its impact
- Proof of income if the injury affects your ability to work
In remote areas, consider using mobile medical services or telehealth consultations to document the injury. SIRA may also require a 'treatment and care' assessment to determine the extent of your needs.
Time Limits and Disputes
The 52-week time limit for threshold injuries applies to all CTP claims in NSW. If your vision loss is not a threshold injury, you may still claim for treatment and care, but benefits may be limited. Disputes over claim eligibility are resolved by SIRA, and you may need to request a review if your claim is rejected.
When to Seek Legal Advice
If your vision loss is severe or you're unsure about your claim's validity, consult a solicitor. Rural areas may have limited legal resources, so seek advice early to avoid missing deadlines. Legal professionals can also help navigate disputes with SIRA or insurers.
Example Scenario
A cyclist in a rural area loses vision in one eye after a collision. The GP documents the injury and refers the patient to a specialist, who confirms the vision loss meets the threshold injury definition. The cyclist submits a claim to SIRA within 52 weeks and receives weekly payments for treatment. This example highlights the importance of prompt medical attention and timely claim submission.
Next Steps
Vision loss claims in NSW require careful documentation and adherence to time limits. Rural residents may face additional challenges, such as limited access to specialists or delays in reporting. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.