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 in a motor vehicle accident in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. Wrist fractures are typically classified as threshold injuries under the Motor Accident Injuries Act 2017, which means your claim will be handled by the State Insurance Regulatory Authority (SIRA). This article explains the immediate steps you should take, the documentation required, and how SIRA manages claims for wrist fractures.
What to Do Immediately After a Wrist Fracture
After a collision causing a wrist fracture, your first priority is medical attention. Seek treatment from a registered medical practitioner to document the injury. Delaying care could affect your claim, as SIRA requires medical evidence to confirm the injury's nature and severity.
Next, preserve evidence of the accident. Take photographs of the scene, note vehicle details, and collect witness contact information. If you're a pedestrian or cyclist, record the location and conditions of the collision. SIRA will assess whether your injury meets the threshold injury criteria, which includes fractures of the wrist or hand.
Notify your insurer or SIRA within 52 weeks of the accident. While there's no strict deadline, delays may reduce your ability to claim weekly benefits or treatment costs. SIRA will determine if your injury qualifies for benefits under the CTP scheme.
How SIRA Handles Wrist Fracture Claims
SIRA administers CTP claims in NSW, including those for threshold injuries like wrist fractures. Under the Motor Accident Injuries Act 2017, your claim will be evaluated based on medical evidence and the circumstances of the accident. SIRA may offer:
- Weekly income benefits if your injury prevents you from working.
- Treatment and care benefits to cover medical expenses.
- Rehabilitation support to aid recovery.
If your injury is classified as a threshold injury, benefits are generally limited to 52 weeks. After this period, SIRA may stop payments unless your injury meets the higher threshold for long-term compensation.
Documentation and Evidence for Your Claim
To support your wrist fracture claim, gather the following:
- Medical records showing the injury, treatment, and recovery timeline.
- Accident reports from the police or your insurer.
- Witness statements confirming the collision and your injury.
- Photographs of the injury and accident scene.
- Income records if you're claiming weekly benefits.
SIRA may also request a medical report from a specialist to assess your injury's impact. Ensure all documents are submitted promptly to avoid delays.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits or treatment costs under the CTP scheme. If your injury is a threshold injury, benefits will stop after this period unless your claim is reviewed and approved for long-term compensation.
Disputes over claim eligibility are resolved by SIRA. If you believe your injury meets the higher threshold for long-term benefits, you can request a review. In complex cases, legal advice may help you challenge a decision.
When to Seek Legal Advice
While SIRA handles most CTP claims, legal assistance may be necessary if:
- Your injury is disputed as a threshold injury.
- You're owed long-term benefits but SIRA denies your claim.
- You need help navigating the 52-week time limit.
A solicitor can also help you understand whether your injury qualifies for additional compensation beyond the CTP scheme, such as under common law.
Example Scenario
Imagine a pedestrian who breaks their wrist after being hit by a car. They seek medical treatment, document the accident, and notify SIRA within 52 weeks. SIRA approves weekly benefits for 52 weeks but stops payments after that. The pedestrian later seeks legal advice to challenge the decision, arguing their injury meets the higher threshold for long-term compensation.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.