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 suffered a wrist fracture from a motor vehicle collision in NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the Motor Accident Injuries Act 2017 and SIRA guidelines apply to wrist injuries, how to document daily activity restrictions, and what evidence is needed to support your claim. Time limits and dispute options are also covered.
What CTP Claim Provisions Apply to Wrist Fractures?
Under the Motor Accident Injuries Act 2017, wrist fractures may qualify for benefits if they meet the 'threshold injury' definition in the Motor Accident Guidelines. Threshold injuries include fractures of the wrist, hand, or arm bones. SIRA considers wrist fractures as functional limitations that may affect daily activities like lifting, gripping, or typing. Statutory benefits such as weekly income payments and treatment and care benefits may apply if your injury prevents you from working or performing routine tasks.
How to Document Daily Activity Limitations
To support a CTP claim for a wrist fracture, you must provide medical evidence showing how the injury impacts your daily life. This includes:
- Medical records detailing the fracture, treatment, and recovery timeline
- A doctor's report explaining restrictions on lifting, gripping, or repetitive motions
- Evidence of reduced ability to perform work-related tasks or household chores
- Photos of the injury site and any visible swelling or deformity
A SIRA medical expert may assess your functional limitations. For example, if you can't lift objects heavier than 1kg due to a wrist fracture, this must be documented in medical records to qualify for income support.
SIRA Guidelines on Functional Recovery Timelines
SIRA's Motor Accident Guidelines state that wrist fractures typically require 6-12 weeks of recovery, though full recovery may take longer. If your injury prevents you from returning to work or performing daily tasks beyond this period, you may be eligible for extended benefits. However, under s 4.4 of the Motor Accident Injuries Act 2017, weekly income payments generally stop after 52 weeks if your only injuries are threshold injuries. This means you may need to pursue a separate claim for ongoing functional limitations.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim statutory benefits for threshold injuries. If your claim involves long-term functional limitations, you may need to seek legal advice to explore common law damages for ongoing pain or loss of earning capacity. Disputes over claim eligibility or benefit amounts can be resolved through SIRA's dispute resolution process or by applying to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
Consult a solicitor if your wrist fracture results in long-term disability, requires surgery, or affects your ability to work. A lawyer can help you:
- Navigate SIRA's claim process
- Challenge decisions to limit benefits
- Pursue additional compensation for non-economic losses like pain and suffering
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.