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 Western Sydney, understanding your compensation options under NSW's Compulsory Third Party (CTP) scheme is critical. Wrist fractures are classified as 'threshold injuries' under the Motor Accident Injuries Act 2017, which means they may qualify for statutory benefits but not always for common law damages. This article explains what injured people need to know about claiming compensation for wrist fractures, how SIRA assesses claims, and practical steps to take after a collision.
Types of Compensation for Wrist Fractures
Under the CTP scheme, wrist fractures may entitle you to:
- Weekly income benefits if you're unable to work due to the injury.
- Treatment and care benefits to cover medical expenses.
- Lump sum payments for long-term effects, such as chronic pain or reduced mobility.
SIRA's guidelines state that injuries must meet specific criteria to qualify for benefits. For example, a wrist fracture must result in a 'threshold injury', a defined level of harm under the Motor Accident Guidelines. This means the injury must be serious enough to require medical treatment but not so severe as to qualify for a common law damages claim.
How SIRA Assesses Wrist Fractures
SIRA evaluates the impact of a wrist fracture by considering:
- Medical evidence such as X-rays, MRI scans, and doctor reports.
- Daily life limitations like difficulty gripping objects, typing, or lifting items.
- Long-term effects such as ongoing pain, stiffness, or reduced range of motion.
A hypothetical example: Sarah, a nurse, fractured her wrist in a collision. Her doctor noted she could no longer lift patients safely. SIRA would assess whether her injury meets the 'threshold injury' criteria and whether it limits her ability to work. If so, she may qualify for weekly benefits.
Evidence Needed for a Wrist Fracture Claim
To support your claim, gather:
- Medical records detailing the injury and treatment.
- Accident reports from police or the scene.
- Witness statements if available.
- Photographs of the injury and accident scene.
- Income records to prove lost wages.
Keep all documents organized. SIRA requires evidence that the injury resulted from the motor accident and that it meets the threshold criteria. Incomplete records may delay or reduce your claim.
Long-Term Effects and Time Limits
If your wrist fracture leads to long-term issues, such as chronic pain or limited function, you may claim for these under the CTP scheme. However, benefits for 'threshold injuries' typically stop after 52 weeks unless the injury results in a whole person impairment (WPI) of 10% or more.
Time limits are strict. You must notify your insurer within 52 weeks of the accident and submit your claim before the 52-week period ends. Delays can result in lost benefits.
When to Seek Legal Advice
While SIRA handles most claims, disputes can arise over injury severity, benefit calculations, or time limits. If you disagree with SIRA's assessment, you can request a review or seek independent medical opinions. Legal advice is essential if your claim is denied or if you face a dispute over long-term effects.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. If you're unsure whether your wrist fracture qualifies for benefits or need help navigating the claims process, contact a legal professional. Every claim is unique, and the right support can make a difference.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.