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 accident in New South Wales, understanding what evidence to preserve is critical for a successful CTP claim. Under NSW law, claimants must document medical records, recovery progress, and accident details to support their case with SIRA. This article explains the specific evidence required, how to organise it, and when to seek legal advice.
What Medical Evidence Matters for a Wrist Fracture Claim
Under the Motor Accident Injuries Act 2017, claimants must provide evidence of their injury and its impact. For wrist fractures, key records include:
- Medical reports from a registered medical practitioner confirming the fracture, treatment, and recovery timeline.
- Imaging records (X-rays, CT scans) showing the injury's severity.
- Notes on functional limitations such as difficulty gripping objects, pain during movement, or reduced range of motion.
- Doctor's advice about activity restrictions, such as avoiding lifting or repetitive motions.
SIRA requires these records to assess whether the injury meets the threshold for compensation. For example, a wrist fracture that limits daily activities like opening jars or holding a phone may qualify for treatment benefits or weekly payments.
How to Document Wrist Fracture Recovery for CTP Claims
Claimants should track recovery progress to demonstrate the injury's impact. This includes:
- Daily activity logs noting pain levels, swelling, or mobility issues.
- Photos of the wrist showing bruising, swelling, or immobilisation devices.
- Witness statements from family or colleagues confirming reduced ability to perform tasks.
- Employer records if the injury affects work capacity, such as time off or modified duties.
It's important to preserve these records from the moment of injury. For instance, if you're unable to grip a steering wheel after a collision, documenting this with a medical professional's opinion strengthens your claim.
Records to Keep for SIRA Claims
SIRA's guidelines specify that claimants must submit evidence to support their injury's severity. For wrist fractures, this includes:
- Original medical records from the first consultation to the most recent follow-up.
- Accident reports from the police or insurance company detailing the collision.
- Witness contact details to corroborate the incident.
- Proof of income if the injury affects earning capacity, such as payslips or employment records.
If your wrist fracture is classified as a 'threshold injury' under the Motor Accident Guidelines, you may be eligible for weekly benefits for up to 52 weeks. However, claims for ongoing impairment must meet specific impairment thresholds.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If your injury is not a threshold injury, you may not be eligible for benefits after this period. However, claims for long-term impairment or permanent disability can proceed beyond 52 weeks if supported by medical evidence.
Disputes over claim validity are resolved by SIRA, which may request additional evidence or medical assessments. If your claim is denied, seeking independent legal advice is essential to challenge the decision.
Example: Documenting a Wrist Fracture from a Car Collision
Consider a scenario where a driver collides with a car and sustains a wrist fracture. They document the injury by:
- Visiting a medical practitioner within 24 hours to confirm the fracture.
- Keeping a journal of pain levels and mobility issues over six weeks.
- Submitting X-rays showing the fracture's progression.
- Providing a witness statement from a passenger confirming the collision.
This evidence supports a claim for treatment benefits and weekly payments under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.