Wrist Fractures and NSW CTP Scheme Eligibility
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 vehicle accident in Greater Sydney, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 (MAIA) governs claims for injuries caused by motor accidents, and wrist fractures typically qualify as threshold injuries under the scheme. This article explains how wrist fractures are treated under the CTP rules, what evidence is needed, and how to pursue a claim.
How the NSW CTP Scheme Covers Wrist Fractures
Under the MAIA, the CTP scheme provides benefits for injuries resulting from motor vehicle accidents. Wrist fractures are generally considered threshold injuries, which are defined as injuries that meet the clinical criteria in the Motor Accident Guidelines. These guidelines specify that a fracture of a bone in the wrist or hand qualifies as a threshold injury if it results in a loss of function, pain, or limitation of movement.
The spinal nerve-root qualification is important: a wrist fracture that causes neurological signs, such as tingling or numbness, may still fall within the threshold injury definition. However, radiculopathy (nerve root irritation) requires specific clinical signs to qualify as a threshold injury. If your fracture is confirmed as a threshold injury, you may be entitled to treatment and care benefits, weekly income payments, and other support.
Evidence Needed for a Wrist Fracture Claim
To claim compensation for a wrist fracture, you must provide evidence that:
- Your injury was caused by a motor vehicle accident
- The fracture meets the threshold injury definition in the Motor Accident Guidelines
- You have sought medical treatment for the injury
Key evidence includes:
- Medical records confirming the fracture and its impact on your mobility or function
- Police reports or accident reports detailing the collision
- Witness statements or photographs of the accident scene
- Proof of income to support claims for weekly payments
Time Limits and Dispute Options
Claims under the NSW CTP scheme must be made within a specific timeframe. While there is no strict deadline for filing a claim, delays can affect your ability to receive benefits. For example, if your injury is classified as a threshold injury, weekly benefits and treatment benefits are generally limited to 52 weeks after the accident. After this period, you may need to pursue a common law damages claim if your injury meets the whole person impairment threshold.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek mediation through SIRA. It is important to act promptly and gather all relevant evidence to support your case.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for threshold injuries, each claim depends on its own facts. If your wrist fracture is not classified as a threshold injury, or if you are unsure about your eligibility, it is advisable to consult a legal professional.
Next Steps
CTP entitlements and deadlines can depend on the date of your accident, the nature of your injury, and the evidence you provide. To request contact about your circumstances, complete the quick, no obligation enquiry form.