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).
Wrist fractures resulting from motor vehicle collisions are covered under NSW Compulsory Third Party (CTP) insurance, but the compensation available depends on the injury's severity, medical evidence, and adherence to SIRA guidelines. This article explains how NSW CTP insurers assess claims for wrist fractures, including what documentation is required, how treatment plans are evaluated, and the legal boundaries of compensation for such injuries.
NSW CTP Rules for Wrist Fractures
Under the Motor Accident Injuries Act 2017, CTP insurers must cover injuries caused by motor vehicle accidents, including wrist fractures. However, the amount of compensation depends on whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. Threshold injuries are those that result in a whole person impairment (WPI) of 10% or more, or require treatment such as surgery, immobilisation, or physiotherapy. For example, a wrist fracture that requires a cast for six weeks and results in temporary loss of function may qualify as a threshold injury.
If the injury is classified as a threshold injury, claimants may be eligible for weekly income payments, treatment and care benefits, and lump sum compensation. However, if the fracture is minor and does not meet the threshold criteria, such as a simple hairline fracture with no functional limitation, it may not qualify for CTP benefits. SIRA’s guidelines clarify that the severity of the fracture must be supported by medical evidence, including imaging reports and clinical notes.
Practical Steps and Evidence for Wrist Fracture Claims
To support a wrist fracture claim, claimants must provide:
- Medical records: X-rays, MRI scans, and reports from a medical practitioner confirming the fracture and its impact on daily activities.
- Accident details: Police reports, witness statements, and photographs of the collision scene.
- Treatment plans: Documentation of physiotherapy, occupational therapy, or medical interventions required to manage the injury.
- Income records: Proof of lost wages or reduced earning capacity if the fracture affects the claimant’s ability to work.
For example, a passenger who sustained a wrist fracture after a low-speed collision may need to provide evidence that the injury required a cast for four weeks and caused temporary difficulty gripping objects. This demonstrates how the injury impacts daily life and supports a claim for treatment benefits.
Time Limits, Disputes, and When to Seek Advice
CTP claimants must notify their insurer within 52 weeks of the accident, as benefits for threshold injuries are generally limited to that period. However, if the injury results in long-term complications, such as chronic pain or reduced mobility, claimants may still pursue a lump sum compensation claim under the Motor Accident Injuries Act. Disputes over the severity of the injury or the adequacy of medical evidence are common, and claimants should seek legal advice if their claim is rejected or delayed.
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.