Wrist Fractures and CTP Claims in NSW
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 NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. However, many injured people make errors that could reduce or block their claim. This article explains common mistakes to avoid, based on SIRA guidelines and NSW law.
Key CTP Rules for Wrist Fractures
Under the Motor Accident Injuries Act 2017, wrist fractures are treated as threshold injuries if they meet specific medical criteria. SIRA guidelines state that a wrist fracture qualifies as a threshold injury if it involves a break in a bone of the wrist or hand, or damage to ligaments or cartilage causing functional limitation. However, not all wrist fractures automatically qualify, the injury must meet the 'spinal nerve-root qualification' outlined in the Motor Accident Guidelines. This means the fracture must produce neurological signs beyond simple pain or swelling.
Common mistakes include assuming all wrist fractures are automatically covered. For example, a minor hairline crack without functional impairment may not meet the threshold injury definition. Always seek a medical report confirming the injury meets the legal standard.
Practical Steps to Avoid Errors
- Get Immediate Medical Attention, Delaying treatment can lead to complications that weaken your claim. A doctor must document the injury and its impact on your daily life.
- Document the Accident, Take photos of the injury, collect witness statements, and note the accident date and location. SIRA requires evidence showing the injury resulted from the motor accident.
- Notify Your Insurer Promptly, Failing to report the claim within the 52-week statutory period for benefits may result in lost entitlements. The 52-week limit applies only if your injuries are limited to threshold injuries.
- a Keep Records of Income Loss, If your wrist fracture prevents you from working, maintain payslips and employment records to support your claim for weekly income payments.
Regional Considerations for Illawarra and South Coast
While SIRA guidelines apply statewide, claims in the Illawarra and South Coast regions may involve local SIRA offices with specific procedures. For example, some areas have higher rates of cyclists and pedestrians involved in accidents, which may affect how injuries are assessed. Always contact your local SIRA office to confirm regional-specific requirements.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if your injuries are limited to threshold injuries. If your claim involves long-term impairment, there is no strict time limit, but delays can complicate proving ongoing effects. Disputes often arise from:
- Failing to provide sufficient medical evidence
- Not following SIRA's claim submission process
- Missing deadlines for notifying insurers
If your claim is disputed, seek legal advice before making any decisions. A solicitor can help you challenge an insurer's refusal or negotiate a fair settlement.
When to Seek Legal Advice
Mistakes like not documenting the accident, missing medical appointments, or failing to notify your insurer can jeopardize your claim. If you're unsure whether your wrist fracture qualifies as a threshold injury, or if your claim has been rejected, contact a legal professional. They can review your medical records and ensure your claim meets all legal requirements.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.