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, understanding how SIRA assesses your claim is critical. SIRA evaluates eye injuries based on medical evidence, the severity of the vision loss, and the impact on your daily life. This article explains how SIRA applies the rules in Albury, what compensation may be available, and the steps to take after an accident.
How SIRA Assesses Vision Loss Claims
SIRA uses the Motor Accident Injuries Act 2017 and its guidelines to determine entitlements. For eye injuries, claims must demonstrate a measurable impact on vision, such as partial or total blindness, or conditions like glaucoma that impair sight. Medical evidence, including specialist reports and vision tests, is essential to prove the injury's nature and severity.
SIRA also considers whether the injury meets the 'threshold injury' criteria. This means the injury must be serious enough to qualify for statutory benefits, such as weekly payments or treatment costs. For example, a pedestrian who loses partial vision after a collision would need medical records showing the injury's impact on their ability to work or perform daily tasks.
Types of Compensation for Eye Injuries
Under NSW CTP law, vision loss claims may qualify for:
- Statutory benefits: Weekly income payments, treatment and care benefits, or lump sum compensation for permanent vision loss.
- Common law damages: If the injury results in long-term disability or loss of income, a claimant may seek additional compensation for pain, suffering, and loss of enjoyment of life.
SIRA's approach differs from common law claims. Statutory benefits are automatic for eligible injuries, while damages require proving fault and the impact of the injury on the claimant's life.
Practical Steps for Albury Residents
After an eye injury, take these steps:
- Seek immediate medical attention to document the injury.
- Preserve evidence: Keep accident reports, witness statements, and photos of the scene.
- Notify SIRA within 52 weeks of the accident to claim statutory benefits.
- Consult a specialist to assess long-term effects, as vision loss can worsen over time.
Time Limits and Dispute Resolution
You must notify SIRA within 52 weeks of the accident to claim statutory benefits. If your injury is a 'threshold injury' (e.g., partial blindness), benefits may be limited after 52 weeks unless you can prove ongoing severe impairment. Disputes over claim value should be resolved through SIRA's review process or by seeking independent legal advice.
When to Seek Legal Help
While SIRA handles statutory claims, complex cases involving long-term vision loss or disputes over compensation may require a lawyer. A solicitor can help you understand whether you qualify for common law damages or if SIRA's assessment is fair.
Example: SIRA's Approach to Vision Loss
Consider a cyclist in Albury who loses partial vision after a collision. SIRA would assess:
- Medical records confirming the injury's severity.
- Evidence of how the vision loss affects daily activities (e.g., difficulty reading or navigating streets).
- Whether the injury meets the threshold for statutory benefits.
If the claimant can prove the injury significantly impacts their life, they may receive weekly payments and additional compensation for long-term effects.
Next Steps
CTP claims depend on the accident date, injury type, and evidence gathered. To discuss your case, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and SIRA's approach can vary based on the circumstances.