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).
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 NSW, you need to preserve specific evidence to support your CTP claim. Vision loss claims under the NSW Compulsory Third Party (CTP) scheme require detailed medical records, expert reports and documentation showing how your injury affects daily life. This article explains what evidence matters, how to collect it and when to seek legal advice.
Medical Evidence to Prove Vision Loss
Under the Motor Accident Injuries Act 2017 (MAIA), claimants must provide medical evidence to establish the nature and severity of their injury. For vision loss claims, this includes:
- Eye specialist reports from ophthalmologists or optometrists detailing the type and extent of vision loss
- Medical imaging such as MRI or CT scans showing eye or brain injuries
- Expert opinion from a medical practitioner confirming the injury meets the threshold for CTP benefits
- Vision testing results showing measurable impairment, such as visual acuity measurements or field loss
SIRA's guidelines state that injuries must be 'sufficiently serious' to qualify for CTP benefits. Vision loss claims must demonstrate a clear connection between the accident and the injury.
Documenting Daily Impact
CTP claims require evidence of how your vision loss affects your ability to work, live independently or perform everyday tasks. Keep records of:
- Workplace records showing reduced hours, job modifications or inability to work
- Daily activity logs documenting difficulties with reading, cooking, driving or personal care
- Witness statements from family, friends or colleagues about your changed lifestyle
- Photographs of your home environment showing accessibility challenges
For example, if your vision loss prevents you from driving, keep your driver's license and any medical advice confirming this. If you need assistance with daily tasks, note how this impacts your quality of life.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident under the MAIA. If your injury is a 'threshold injury' (as defined in SIRA's guidelines), you may only receive benefits for 52 weeks. After this period, you may need to pursue a common law damages claim if your injury meets the whole person impairment threshold.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek mediation through SIRA. It's important to act quickly, as delays can reduce your ability to prove ongoing impacts.
When to Seek Legal Advice
Vision loss claims can be complex, especially if your injury involves both physical and psychological effects. A solicitor can help you:
- Navigate SIRA's claims process
- Challenge denied claims based on medical evidence
- Pursue additional compensation for long-term impacts
If you're unsure whether your injury qualifies for CTP benefits, contact a legal professional. Every claim depends on its own facts, and evidence requirements can vary based on the nature of your injury.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.