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 Bathurst, understanding your treatment and rehabilitation options under NSW CTP laws is critical. Vision loss claims under the Motor Accident Injuries Act 2017 are governed by specific rules about what treatment is covered, how rehabilitation is assessed, and what evidence is needed to support your claim. This article explains how to plan your recovery while meeting SIRA requirements.
NSW CTP Rules for Vision Loss Claims
Under NSW CTP laws, vision loss injuries are treated as 'threshold injuries' if they meet the criteria in the Motor Accident Guidelines. This means your claim may be limited to statutory benefits unless you can prove a 'whole person impairment' of 10% or more. SIRA assesses whether your injury qualifies for treatment and rehabilitation benefits by reviewing medical records, diagnostic imaging, and specialist reports. For example, if you've suffered a traumatic brain injury affecting vision, your doctor must document how this impacts your daily activities and long-term prognosis.
Practical Steps for Treatment and Rehabilitation Planning
To support your vision loss claim, you must:
- Obtain a comprehensive eye examination from an optometrist or ophthalmologist
- Keep records of all treatment, including medications, therapies, and equipment
- Document how your vision loss affects your ability to work or perform daily tasks
- Seek rehabilitation planning from a vocational expert or occupational therapist
SIRA requires evidence that your treatment is 'reasonably necessary' and directly related to the accident. For instance, if you need vision therapy to regain partial sight, your doctor must explain how this therapy addresses the specific injury caused by the motor accident.
Documentation Needed for Vision Loss Claims
Key evidence includes:
- Medical records showing the nature and severity of your eye injury
- Specialist reports confirming the injury's connection to the accident
- Rehabilitation plans outlining how treatment will restore function
- Income records to support claims for lost earnings
If your vision loss is due to a complex injury like optic nerve damage, you may need to undergo regular assessments to track your recovery progress. SIRA may also request input from a rehabilitation expert to determine if your treatment plan is appropriate.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim statutory benefits for 'only injuries' under the Motor Accident Injuries Act 2017. After this period, you may need to pursue a common law damages claim if your injury meets the threshold for whole person impairment. It's essential to seek legal advice before the 52-week deadline if you believe your vision loss exceeds the threshold injury criteria.
Example of a Vision Loss Claim
Consider a scenario where a cyclist in Bathurst suffers a corneal abrasion and temporary blindness after a collision. Their optometrist documents the injury as a 'threshold injury' under the Motor Accident Guidelines. However, if the cyclist later develops chronic vision impairment requiring ongoing treatment, they may need to pursue a claim for long-term rehabilitation costs.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.