Wrist Fractures and CTP Compensation in NSW: Key Changes Since 2017
A wrist fracture sustained in a motor accident in Balmain, NSW, may now be assessed under a different legal framework than before 2017. The Motor Accident Injuries Act 2017 introduced a new injury threshold system that determines whether a claimant can receive damages. Under this scheme, a wrist fracture may qualify as a threshold injury if it results in a permanent impairment of at least 10% to the whole person, as assessed by an approved medical assessor using the Motor Accident Guidelines. This is a change from the previous system, where most injuries were compensable regardless of severity.
What Constitutes a Threshold Injury for a Wrist Fracture?
A threshold injury under the Motor Accident Injuries Act 2017 includes injuries that result in a permanent impairment of at least 10% to the whole person. For a wrist fracture, this means the injury must be assessed as causing lasting functional or structural impairment. The injury must also fall within the statutory definition of a soft tissue injury, which includes fractures that result in a permanent impairment of at least 10%. This definition includes injuries involving nerve damage, such as a spinal nerve-root injury that produces neurological signs other than radiculopathy, which may still qualify as a soft tissue injury under the Guidelines.
If a wrist fracture does not meet this threshold, the claimant may still receive treatment and care benefits and weekly income payments, but will not be eligible for damages. The 2017 reforms did not change the general 3-year limitation period for making a claim for damages, but they did introduce new procedural and evidentiary requirements that affect eligibility.
Benefits and Limitations After a Wrist Fracture
If the only injuries sustained are threshold injuries, weekly income payments and treatment and care benefits are generally limited to 52 weeks from the date of the accident. This 52-week limit applies under sections 3.11 and 3.28 of the Motor Accident Injuries Act 2017. The limit does not apply if the claimant has non-threshold injuries, or if a review or dispute is initiated before the 52-week period ends.
Treatment and care benefits cover medical treatment, rehabilitation, and support services related to the injury. Weekly income payments are available if the injury prevents the claimant from working and results in a loss of income. These benefits are not automatically extended beyond 52 weeks if the only injuries are threshold injuries, even if recovery is incomplete.
Evidence Required to Support a Claim
To support a claim for a wrist fracture, the following records are essential:
- A medical report from a treating practitioner confirming the fracture, its cause, and the treatment received.
- Imaging results such as X-rays or MRI scans showing the fracture and any associated soft tissue or nerve involvement.
- A whole person impairment (WPI) assessment conducted by an approved medical assessor, which determines whether the injury meets the 10% threshold.
- A record of time off work and any loss of income due to the injury.
- Photographs of the accident scene, vehicle damage, or any visible injury, if available.
- Witness contact details, if someone observed the accident or the immediate aftermath.
These documents help establish the nature and impact of the injury, and are critical to proving eligibility for benefits or damages under the CTP scheme.
Procedural Steps and Time Limits
A claim for a wrist fracture must be made within a specific timeframe. Treatment and care benefits must be claimed within 12 months of the accident, or the right to claim may be lost. Weekly income payments must be applied for within 12 months of the injury. A claim for damages must be made within 3 years of the accident.
If a claim is denied or benefits are stopped prematurely, the claimant may request a review from the insurer or apply to the Civil and Administrative Tribunal (NCAT) for a determination. Disputes over impairment assessment or benefit eligibility are common and often require legal advice to navigate.
Practical Guidance for Claimants in Balmain and NSW
The legal outcome for a wrist fracture claim depends on the injury’s severity, medical evidence, and timing of claims. The 2017 reforms have made eligibility more fact-specific, and outcomes now depend on whether the injury meets the threshold, the presence of neurological signs, and the accuracy of documentation. If a claim has been denied, benefits have been stopped, or the injury is not resolving as expected, it is advisable to seek independent legal advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.