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).
Wrist fractures following a motor accident in NSW may entitle caregivers and families to compensation through the Compulsory Third Party (CTP) scheme. This guide explains how regional NSW families can navigate CTP claims for wrist injuries, including practical steps, evidence requirements and time limits. The NSW Motor Accident Injuries Act 2017 governs these claims, and families should understand how regional access to legal and medical resources may affect the process.
Key CTP Considerations for Wrist Fractures
Wrist fractures are classified under the 'threshold injury' category under the Motor Accident Injuries Act 2017. This means caregivers may be eligible for treatment and care benefits, weekly income payments and other statutory support. However, the 52-week statutory benefit period applies to injuries that do not meet the whole person impairment threshold. Families should seek medical documentation confirming the injury's connection to the accident.
Practical Steps for Regional NSW Families
Caregivers in regional areas should:
- Collect medical records showing the wrist fracture's link to the accident
- Preserve accident details like police reports, witness statements and photographs
- Note changes in the injured person's ability to work or perform daily tasks
- Contact the at-fault driver's insurer through SIRA's claims portal
- Seek local physiotherapy or occupational therapy records
Families should also consider the impact of regional healthcare access. If specialist treatment was delayed due to location constraints, this may affect claims for ongoing care. SIRA's 'What you can claim' page outlines available benefits, including caregiver support payments.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits. However, families with ongoing care needs may apply for extensions. Disputes over injury severity or benefit eligibility can be resolved through SIRA's review process. In regional areas, families may need to consult a solicitor familiar with local CTP claim practices.
Example Scenario
A family in regional NSW may face unique challenges. For example, a parent with a wrist fracture requiring splinting may need a caregiver to assist with daily tasks. If the injury prevents work for 12 weeks, the family could claim weekly income benefits. However, if the fracture is determined to be a 'threshold injury' only, benefits may taper after 52 weeks.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injured person's condition worsens after 52 weeks
- Caregiver support payments are disputed
- The accident occurred in a car park or private property
- There are concerns about the at-fault driver's insurance coverage
Regional NSW families may face additional hurdles, such as limited access to legal clinics or specialist medical opinions. Understanding the interplay between the injury's severity, the 52-week statutory limit and the availability of local resources is crucial for successful claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.