Vision Loss Claims and Eye Injuries under NSW CTP
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 an eye injury or vision loss in a motor accident in Illawarra or South Coast NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. The New South Wales Motor Accident Injuries Act 2017 and SIRA guidelines determine what injuries qualify and how claims are assessed. This article explains how vision loss claims work, what evidence is needed, and how to proceed.
How the NSW CTP Scheme Handles Eye Injuries
The CTP scheme covers injuries that meet the 'threshold injury' definition under the Motor Accident Guidelines. For vision loss, this includes:
- Partial or complete blindness in one or both eyes
- Severe visual impairment affecting daily activities
- Eye injuries requiring surgery or long-term treatment
SIRA assesses claims based on medical evidence, including:
- Doctor's reports detailing the injury's impact
- Vision tests confirming the extent of loss
- Evidence linking the injury to the accident
Not all eye injuries qualify. For example, minor abrasions or temporary blurred vision typically don't meet the threshold. The injury must result in a permanent or significant impairment.
Practical Steps for Injured People
If you've suffered an eye injury in a motor accident, take these steps immediately:
- Seek medical attention - Document all treatment records, including specialist consultations and vision tests
- Preserve accident evidence - Keep photos of the scene, witness statements, and police reports
- Notify your insurer - Contact the at-fault driver's CTP insurer within 52 weeks of the accident
- Keep records of losses - Track medical expenses, lost income, and any impact on your ability to work
For regional areas like Illawarra and South Coast, consider contacting a local solicitor familiar with CTP claims. SIRA provides online claim forms and support for regional applicants.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim statutory benefits under the CTP scheme. After this period:
- Weekly income payments stop if your injury is classified as a 'threshold injury'
- You may need to pursue a separate common law claim for additional damages
If your claim is disputed, you can:
- Request a review by SIRA
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision
Example: Assessing a Vision Loss Claim
Consider a pedestrian who lost vision in one eye after being hit by a car. Their claim would be evaluated by:
- A medical expert confirming the injury meets the threshold definition
- SIRA assessing the injury's impact on daily life and work capacity
- Determining whether the injury qualifies for statutory benefits or a common law damages claim
When to Seek Legal Advice
While the CTP scheme provides some support, claims involving vision loss often require specialist handling. A solicitor can:
- Help you understand your options under both statutory and common law
- Ensure you meet all evidence requirements
- Navigate regional claim processes in Illawarra and South Coast
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.