Wrist Fractures and NSW CTP Claims
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 accident in Newcastle or Hunter, understanding how SIRA assesses your claim is critical. Under the Motor Accident Injuries Act 2017, wrist fractures may qualify as 'threshold injuries', the minimum level of injury eligible for statutory benefits. This means your claim could be eligible for treatment and care benefits, weekly income payments, or lump sum compensation depending on the injury's severity and long-term impact.
How SIRA Assesses Wrist Fractures
SIRA evaluates wrist fractures using the Motor Accident Guidelines, which define threshold injuries as those requiring medical treatment and causing functional limitation. A wrist fracture that results in bruising, swelling, or limited movement may meet this threshold. However, the injury must also meet the spinal nerve-root qualification: a spinal nerve-root injury producing neurological signs other than radiculopathy may still fall within the soft-tissue definition. For example, a wrist fracture causing temporary numbness or tingling could qualify.
If your injury is classified as a threshold injury, you may be eligible for benefits such as weekly income payments for 52 weeks. After this period, benefits typically stop unless your injury results in long-term impairment. SIRA also considers whether your wrist fracture has caused ongoing issues like reduced grip strength or chronic pain that affects your ability to work.
Documentation Required for a Wrist Fracture Claim
To support your claim, you'll need to provide:
- Medical records confirming the wrist fracture and its impact
- A statement from your doctor explaining how the injury affects your daily activities
- Evidence of the accident, such as police reports, witness statements, or photos
- Income records to establish your weekly income for potential payments
- Any correspondence with your insurer or SIRA
In Newcastle and Hunter, local SIRA offices handle claims, so ensure your documentation is submitted to the correct location. If your injury requires specialist treatment, retain all records from your medical practitioners.
Time Limits and Dispute Options
You have 52 weeks from the date of your injury to claim weekly income payments if your injury is classified as a threshold injury. If your claim involves long-term impairment, you may need to wait until your injury's full impact is assessed. Disputes over claim eligibility or benefit amounts can be resolved through SIRA's review process or by seeking independent legal advice.
When to Seek Legal Advice
If your wrist fracture has resulted in long-term impairment, or if your claim is denied, consider consulting a solicitor. A lawyer can help you understand whether your injury meets the threshold for compensation and whether you're eligible for additional benefits. In Newcastle and Hunter, local legal professionals can also assist with navigating the CTP claim process.
Next Steps
CTP claims 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.