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, understanding what evidence to preserve is critical for a successful CTP claim. Vision loss claims under the Motor Accident Injuries Act 2017 require specific documentation to prove the injury's nature, severity, and connection to the accident. This guide explains the evidence needed, how to organize medical records, and how SIRA evaluates such claims.
What Evidence is Needed for Vision Loss Claims?
To support a vision loss claim, you must provide evidence that:
- Demonstrates the injury's cause (e.g., trauma to the eye or head from the accident)
- Shows the injury's impact on vision (e.g., partial or total blindness, reduced visual acuity)
- Links the injury to the accident (e.g., medical reports confirming the injury occurred during the accident)
Key evidence includes:
- Medical records from ophthalmologists, optometrists, or emergency services detailing the injury's diagnosis, treatment, and prognosis.
- Expert opinions from specialists confirming the injury's severity and long-term effects.
- Accident reports from police or witnesses describing how the collision occurred.
- Photographs of the accident scene, vehicle damage, or visible injuries.
- Witness statements from people who saw the accident or noticed your vision loss.
How to Organize Medical Records for Vision Loss Claims
Medical documentation is central to proving vision loss. Keep all records in chronological order, including:
- Initial emergency room notes
- Specialist reports (e.g., retinal scans, visual field tests)
- Rehabilitation or therapy records
- Ongoing assessments of vision recovery or permanence
SIRA requires evidence that the injury meets the 'threshold injury' definition under the Motor Accident Guidelines. This typically means the injury must result in a significant and lasting impairment to vision.
SIRA Guidelines for Vision Loss Claims
SIRA evaluates claims based on the Motor Accident Guidelines, which define 'threshold injury' as an injury that results in:
- Permanent loss of vision in one or both eyes
- Severe visual impairment affecting daily activities
- A whole person impairment (WPI) rating of 10% or more
For example, a claimant who lost vision in one eye due to a fractured orbital bone from a collision would need:
- A medical report confirming the fracture and its link to the accident
- Evidence of reduced visual acuity (e.g., a 6/60 Snellen chart result)
- Specialist opinion on the injury's permanence
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim treatment and care benefits under the CTP scheme. After this period, benefits are generally limited unless the injury is classified as a 'threshold injury' under the Act. If your vision loss is temporary, you may need to pursue a common law damages claim instead.
Practical Example
Consider a cyclist who suffered a corneal abrasion after being hit by a car. Medical records showing the abrasion's severity, a specialist's opinion on recovery time, and a police report documenting the collision would all support a claim. However, if the injury healed fully within 52 weeks, benefits would likely end, and the claimant would need to explore other options.
Next Steps
Vision loss claims require meticulous record-keeping and understanding of SIRA's requirements. If you're unsure whether your injury qualifies or need help gathering evidence, contact a legal professional. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.