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).
Whiplash injuries often require family support during recovery, but caregiver expenses and treatment costs are handled under NSW's Compulsory Third Party (CTP) scheme. This guide explains what families in Greater Sydney need to know about claiming for caregiver support, treatment funding, and legal boundaries in CTP claims.
What Caregiver Expenses Are Claimable for Whiplash Injuries?
Under the Motor Accident Injuries Act 2017, families can claim for certain caregiver costs if the injured person requires assistance. Eligible expenses include:
- Transport costs for the injured person to medical appointments
- Meal expenses for the injured person during treatment
- Home help costs for daily living tasks (e.g., bathing, dressing)
- Travel costs for caregivers accompanying the injured person to appointments
These claims must be directly related to the whiplash injury and documented with receipts or invoices. SIRA guidelines clarify that caregiver support is limited to the 52-week statutory benefit period unless the injury results in long-term impairment.
How Does the CTP System Handle Treatment Funding?
The CTP scheme covers all reasonable treatment costs for whiplash injuries, including physiotherapy, chiropractic care, and medical imaging. Families in Greater Sydney should:
- Obtain a referral from a medical practitioner
- Submit treatment records to the insurer
- Keep all receipts for out-of-pocket expenses
The injured person's weekly income payments are calculated based on their pre-accident earnings, and the CTP insurer must cover these payments for 52 weeks unless the injury is classified as a threshold injury. After this period, the claimant may need to seek additional support through other avenues.
Legal Considerations for Families in Greater Sydney
Families should be aware of these key points:
- Threshold injuries: If the whiplash injury meets the spinal nerve-root criteria in the Motor Accident Guidelines, benefits may stop after 52 weeks. This applies even if the injury is not severe.
- Time limits: The 52-week statutory benefit period applies to weekly income payments and treatment benefits. After this, the injured person may need to pursue a separate claim for long-term care.
- Dispute resolution: If the insurer denies a caregiver claim, families can request a review or seek legal advice. The NSW Civil and Administrative Tribunal (NCAT) handles disputes over claim assessments.
Practical Steps for Families
- Document all caregiver expenses with receipts and a diary of assistance provided
- Ensure medical records clearly link the injury to the whiplash incident
- Contact the at-fault driver's insurer to report the injury and request a claim form
- Seek legal advice if the insurer disputes the claim or refuses to pay
When to Seek Legal Advice
Families should consult a solicitor if:
- The insurer denies a caregiver claim without a valid reason
- The injured person requires long-term care beyond the 52-week period
- There are disputes over the extent of the injury or its impact on daily life
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.