Wrist Fractures and Changes to NSW CTP Claims
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 suffered a wrist fracture in a motor accident in NSW, the 2017 reforms to the Compulsory Third Party (CTP) scheme have significantly altered how your claim is assessed. Before 2017, wrist fractures were often treated as minor injuries with limited compensation. Now, under the Motor Accident Injuries Act 2017 and updated SIRA guidelines, claims involving wrist fractures require a more detailed evaluation of treatment costs, impairment, and long-term consequences.
How the 2017 Reforms Changed Wrist Fracture Claims
The 2017 reforms introduced stricter rules for assessing injuries under the CTP scheme. Key changes include:
- Threshold injury definition: Wrist fractures are now classified as threshold injuries under the Motor Accident Guidelines. This means they are eligible for statutory benefits like weekly income payments and treatment and care benefits.
- Extended benefit period: While benefits are typically limited to 52 weeks for threshold injuries, claims involving significant treatment or long-term impairment may qualify for extended payments.
- Greater emphasis on medical evidence: Insurers must now consider detailed medical records, including imaging and specialist reports, to determine the severity of a wrist fracture.
What Insurers Look For in Wrist Fracture Claims
To support a claim for a wrist fracture, you must provide:
- Medical documentation: X-rays, MRI scans, and reports from a medical practitioner confirming the fracture and its impact.
- Accident details: Police reports, witness statements, and photographs of the scene to establish the incident.
- Income and treatment records: Proof of lost wages and receipts for medical treatments to support weekly income payments.
Example: How a Wrist Fracture Claim Works
Consider a scenario where a driver in Ashfield suffered a wrist fracture during a collision. Under the revised CTP scheme:
- The insurer assesses the fracture as a threshold injury based on SIRA guidelines.
- Weekly income payments are available for 52 weeks, assuming the injury meets the threshold criteria.
- If the fracture requires surgery or results in long-term mobility issues, the claimant may qualify for extended benefits.
Time Limits and Dispute Options
You have 6 months from the date of the accident to notify the at-fault driver’s insurer of your claim. If the insurer disputes the claim, you may need to:
- Request a review of the assessment.
- Seek independent medical opinions to support your case.
- Consider mediation or legal advice if the dispute persists.
When to Seek Legal Advice
If your wrist fracture claim is denied or you’re unsure about your entitlements, consult a solicitor. They can help:
- Navigate the CTP scheme’s complex assessment criteria.
- Challenge incorrect decisions by insurers.
- Ensure you meet all documentation requirements.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.