Wrist Fractures in NSW CTP Claims: Common Questions for Injured People
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 New South Wales, you may be wondering what compensation you’re entitled to under the Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims in NSW, and the New South Wales Motor Accident Claims Authority (SIRA) administers the scheme. This article explains the key legal points, evidence you may need, and practical steps to take after a wrist fracture injury.
What Compensation Is Available for Wrist Fractures Under NSW CTP Laws?
Under the CTP scheme, you may be eligible for a range of benefits depending on the nature of your injury. For a wrist fracture, the available compensation typically includes:
- Weekly income payments if you’re unable to work due to the injury.
- Treatment and care benefits to cover the cost of medical treatment.
- Damages if your injury results in long-term or permanent impairment.
SIRA assesses claims based on the Motor Accident Guidelines, which outline the types of injuries that qualify for benefits. A wrist fracture may be considered a threshold injury if it meets the clinical criteria outlined in the guidelines. Threshold injuries are generally limited to 52 weeks of benefits unless the injury results in a whole person impairment (WPI) of 10% or more.
How Does SIRA Assess Claims for Wrist Fractures in Motor Accidents?
SIRA evaluates claims by considering the medical evidence provided. This includes:
- Medical reports from a registered medical practitioner confirming the injury.
- Imaging reports such as X-rays or MRI scans.
- Evidence of the accident, such as police reports, witness statements, or photographs.
SIRA also considers the nature of the injury. For example, a wrist fracture that results in a spinal nerve-root injury with neurological signs may still be considered a threshold injury. However, if the injury leads to radiculopathy (nerve damage with specific clinical signs), it may be classified as a more serious injury.
What Evidence Is Needed to Support a Wrist Fracture CTP Claim?
To support a claim for a wrist fracture, you’ll need to provide the following evidence:
- Medical records showing the injury and its impact on your daily life.
- Accident reports from the police or the driver’s insurance company.
- Witness statements if others saw the accident.
- Photographs of the injury or the accident scene.
- Income records to support claims for lost wages.
It’s important to note that the date of the accident may affect the type of benefits available. For example, if the accident occurred before 1 December 2017, the Motor Accidents Compensation Act 1999 (MACA) may apply, but the current scheme is governed by the Motor Accident Injuries Act 2017 (MAIA).
Are There Time Limits for Claiming Wrist Fracture Injuries Under NSW CTP Laws?
Yes. Under the CTP scheme, you have a time limit to make a claim. Generally, you must notify SIRA of your injury within 52 weeks of the accident. If you fail to do so, you may lose your right to claim certain benefits. However, there are exceptions for claims involving whole person impairment (WPI) of 10% or more, which may extend the time limit.
When Should You Seek Legal Advice?
If you’re unsure whether your wrist fracture qualifies for benefits, or if you’re facing a dispute with SIRA, it’s important to seek legal advice. A solicitor can help you understand your rights, prepare your claim, and challenge any unfair decisions.
Next Steps for Injured People in Greater Sydney
If you’ve suffered a wrist fracture in a motor accident in Greater Sydney, the first step is to seek medical attention as soon as possible. Keep all medical records and accident reports. Then, contact SIRA to start your claim. If you’re unsure about the process, or if you’re facing a dispute, you can complete the quick, no obligation enquiry form to request contact about your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.