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 Bathurst, avoiding common mistakes is crucial to securing compensation under NSW CTP laws. This article explains key errors to avoid, supported by SIRA guidelines and NSW legislation.
Key Mistakes in Wrist Fracture Claims
1. Delaying Medical Attention A wrist fracture requires prompt medical assessment to establish a direct link to the accident. Delaying treatment may lead to claims being rejected as 'threshold injuries' under the Motor Accident Injuries Act 2017. SIRA guidelines state that injuries must be 'caused by the accident' to qualify for benefits.
2. Failing to Document the Accident Accurate records of the incident, such as police reports, witness statements, and photographs, are essential. Without this evidence, insurers may dispute the injury's connection to the accident. For example, a claimant who did not note the direction of impact in a collision may struggle to prove the fracture's cause.
3. Missing Time Limits for Benefits Under the Motor Accident Injuries Act 2017, weekly income benefits and treatment payments are generally limited to 52 weeks if the injury is classified as a 'threshold injury.' A wrist fracture may fall into this category, so failing to apply for benefits within this timeframe could result in lost entitlements.
4. Not Seeking Independent Medical Advice Claimants should not rely solely on the treating doctor's notes. SIRA requires 'independent medical evidence' to assess the injury's severity and long-term impact. A claimant who ignored this step and relied only on initial X-rays may have their case rejected.
Critical Evidence for Wrist Fracture Claims
To support a claim, gather:
- Medical records showing the fracture's date and cause
- Police reports or accident statements
- Witness contact details
- Proof of income to calculate weekly benefits
- SIRA's 'What you can claim' checklist to confirm entitlements
When to Seek Legal Advice
If your claim is denied or you're unsure about your options, consult a solicitor. SIRA's guidelines are complex, and errors in interpreting them, such as misclassifying a fracture as a 'threshold injury', can lead to reduced compensation.
Example Scenario
A Bathurst resident collided with a car while cycling, fracturing their wrist. They waited three weeks to seek medical help, missed the 52-week deadline for weekly benefits, and failed to obtain independent medical evidence. Their claim was denied, highlighting the need to act swiftly and follow SIRA's procedures.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.