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, preparing for medical assessments is critical to securing compensation under the Compulsory Third Party (CTP) scheme. The NSW CTP framework requires claimants to demonstrate the injury's impact on daily life and medical treatment needs. This guide explains how to prepare for assessments, what evidence matters, and how SIRA guidelines apply to wrist fractures.
The NSW CTP Rules Behind Wrist Fracture Claims
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries resulting from motor vehicle accidents. Wrist fractures fall under the 'threshold injury' category if they meet specific medical criteria outlined in the Motor Accident Guidelines. SIRA (State Insurance Regulatory Authority) administers these claims, determining entitlements based on injury severity and treatment requirements.
Key considerations include:
- Threshold injury definition: A wrist fracture may qualify as a threshold injury if it causes neurological signs or requires medical intervention.
- Weekly benefits: Claimants with threshold injuries may receive weekly payments for up to 52 weeks.
- Treatment benefits: Medical expenses and rehabilitation costs are recoverable if the injury requires ongoing care.
Practical Steps for Preparing Medical Assessments
To support your claim, gather and organize the following:
- Medical records: Include X-rays, MRI scans, and reports from your specialist. Document any neurological signs, such as tingling or reduced grip strength.
- Accident details: Provide a written statement describing the collision, including vehicle types and any witnesses.
- Income evidence: Show how the injury affects your ability to work, including payslips or employer statements.
- Insurer correspondence: Keep copies of all communications with the at-fault driver's insurer.
Insurers assess wrist fractures by evaluating:
- Whether the injury meets the threshold injury criteria.
- The necessity of ongoing treatment or rehabilitation.
- The impact on daily activities, such as gripping objects or typing.
A hypothetical example: Sarah, a nurse, fractured her wrist in a car crash. Her specialist documented reduced grip strength and recommended a splint. SIRA determined she met threshold injury criteria and approved weekly benefits.
Time Limits and Dispute Resolution
CTP claimants must notify the at-fault driver's insurer within 52 weeks of the accident. If your injury is classified as a threshold injury, benefits may stop after 52 weeks unless you meet the 'whole person impairment' threshold. Disputes over medical assessments should be resolved through SIRA's review process.
If your claim is denied, consider seeking legal advice to challenge the decision. Independent medical opinions may be required to prove the injury's severity.
Next Steps
CTP claims depend on accurate medical documentation and timely action. If your wrist fracture impacts your ability to work or requires ongoing treatment, contact a legal professional to ensure your claim meets SIRA's requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.