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 been injured in a wildlife strike accident in Western Sydney, the NSW Compulsory Third Party (CTP) scheme covers your treatment and rehabilitation costs. This guide explains how the scheme applies to wildlife collisions, what rehabilitation planning options exist, and how SIRA manages claims. Wildlife strikes are treated like any motor accident under CTP law, but there are specific rules about injuries, benefits and time limits.
How the NSW CTP Scheme Handles Wildlife Strikes
Wildlife strikes are covered under the Motor Accident Injuries Act 2017. If you were injured by an animal on NSW roads, the CTP scheme applies regardless of fault. SIRA administers claims and covers treatment costs, rehabilitation planning and income support where applicable. The key is that the injury must be a 'threshold injury' or higher to qualify for benefits.
Rehabilitation Planning Options Under CTP
Rehabilitation planning involves creating a treatment pathway to help you recover. Under CTP, you can claim:
- Treatment and care benefits for medical services
- Weekly income payments if you're unable to work
- Rehabilitation planning to address long-term needs
SIRA requires a medical practitioner to assess your injury and determine if it meets the threshold injury criteria. This assessment guides your rehabilitation plan and determines benefit eligibility.
SIRA's Role in Wildlife Strike Claims
SIRA processes all CTP claims in NSW. For wildlife strikes, you must notify SIRA within 52 weeks of the accident. If your injury is a threshold injury, benefits stop after 52 weeks unless you pursue a common law damages claim. SIRA will review your claim and determine if you qualify for treatment benefits, income support or rehabilitation planning.
Legal Limitations of Wildlife Strike Claims
Not all wildlife strikes qualify for CTP benefits. The injury must be a 'threshold injury' under the Motor Accident Guidelines. This means the injury must meet specific medical criteria, such as a spinal nerve-root injury with neurological signs. If your injury is below this threshold, you may need to pursue other options like a common law claim.
Practical Steps for Wildlife Strike Claims
- Seek immediate medical attention to document your injury
- Keep records of all treatment, including therapy sessions and medical reports
- Notify SIRA within 52 weeks of the accident
- Provide evidence of how the injury affects your daily life
- Consider rehabilitation planning with your doctor
- Apply for weekly income payments if you're unable to work
Time Limits and Dispute Resolution
You must notify SIRA within 52 weeks of the accident to claim benefits. If your injury is a threshold injury, benefits stop after 52 weeks unless you pursue a common law claim. Disputes about claim eligibility can be resolved through SIRA's internal review process or by applying to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
Consult a solicitor if:
- Your injury is a threshold injury and you want to pursue a common law claim
- You're unsure if your injury meets the threshold criteria
- You need help with rehabilitation planning
- You're facing a dispute with SIRA
- You want to understand your options for long-term care
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.