Wrist Fractures and Changes to NSW CTP Claims After 2017
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 suffered a wrist fracture in a motor accident in NSW, the 2017 reforms to the Compulsory Third Party (CTP) scheme may affect your claim. This article explains how the reforms changed the assessment of wrist fractures, focusing on the Illawarra and South Coast regions.
Key Changes to Wrist Fracture Claims After 2017
The 2017 reforms to the Motor Accident Injuries Act 2017 introduced stricter rules for assessing injuries under the CTP scheme. For wrist fractures, the reforms clarified that injuries must meet specific criteria to qualify for benefits. Under the revised rules, a wrist fracture may be classified as a 'threshold injury' if it results from a motor accident and meets the definition in the Motor Accident Guidelines. This means claims for wrist fractures are now evaluated based on whether they meet the 'threshold injury' standard, which includes factors like the nature of the injury and its impact on daily life.
One significant change is the spinal nerve-root qualification. If a wrist fracture is accompanied by a spinal nerve-root injury producing neurological signs (even if not classified as radiculopathy), it may still qualify as a soft-tissue injury under the CTP scheme. This is important because injuries meeting the 'threshold injury' definition are eligible for statutory benefits, such as weekly income payments and treatment and care benefits.
How Wrist Fractures Are Assessed Under the Revised Scheme
Under the current CTP rules, a wrist fracture must be evaluated to determine if it meets the 'threshold injury' definition. This involves assessing whether the injury results from a motor accident and whether it causes a level of impairment that meets the guidelines. For example, a wrist fracture that limits mobility or requires medical treatment may qualify for benefits.
The reforms also introduced a 52-week limit for weekly income payments and treatment and care benefits if the only injuries are threshold injuries. This means claims for wrist fractures that do not meet the higher impairment thresholds (e.g., whole person impairment) may see benefits capped after 52 weeks. However, if the wrist fracture is part of a more severe injury, such as a whole person impairment, the benefits may continue beyond this period.
Regional Considerations for Illawarra and South Coast
The Illawarra and South Coast regions follow the same CTP rules as the rest of NSW. There is no evidence to suggest that the 2017 reforms apply differently in these areas. Claims in these regions are assessed using the same statutory framework and guidelines as other parts of the state. This means claimants in the Illawarra and South Coast should be aware of the same time limits and eligibility criteria as those in Sydney or Newcastle.
Evidence Required for a Wrist Fracture Claim
To support a wrist fracture claim under the CTP scheme, you will need to provide medical evidence confirming the injury and its connection to the motor accident. This includes:
- Medical records detailing the wrist fracture and treatment received
- A report from a medical practitioner confirming the injury meets the 'threshold injury' definition
- Evidence of how the injury affects your daily life or ability to work
- Police reports or accident reports if available
Time Limits and When to Seek Advice
The CTP scheme has strict time limits for claims. Generally, you must notify the relevant insurer within 90 days of the accident. However, if you are seeking benefits for injuries that may take longer to assess (such as a wrist fracture requiring ongoing treatment), it is important to act promptly. Delays can affect your ability to claim weekly income payments or treatment benefits.
If you are unsure whether your wrist fracture qualifies for benefits under the revised CTP rules, it is advisable to seek legal advice. A solicitor can help you understand your options and ensure your claim is processed correctly.
Next Steps
The 2017 reforms have changed how wrist fractures are assessed under the NSW CTP scheme. While the Illawarra and South Coast follow the same rules as other parts of the state, claimants should be aware of the new criteria for eligibility and time limits. If you are unsure about your claim or need assistance with the process, complete the quick, no obligation enquiry form to request contact about your circumstances.