How SIRA Determines Eligibility for Wrist Fractures in CTP Claims
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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).
- In New South Wales, wrist fractures from motor accidents may qualify for compensation under the Compulsory Third Party (CTP) scheme, but the process depends on the
- Motor Accident Injuries Act 2017* and the SIRA guidelines. SIRA assesses whether the injury meets the legal definition of a 'threshold injury', a term that includes fractures of the wrist, as confirmed in its
- What You Can Claim* guide. To qualify, the injury must result in a
- spinal nerve-root injury* producing neurological signs, or a
- radiculopathy* with specific clinical signs. For example, a wrist fracture causing nerve damage that affects hand function would likely meet this threshold.
Practical Steps and Evidence for a Wrist Fracture Claim
To support a claim, you must provide:
- Medical records confirming the fracture and its impact (e.g., pain, reduced mobility). A medical practitioner must document the injury’s severity and link it to the accident.
- Accident details, including police reports, witness statements, and photos of the scene. This helps establish the incident’s circumstances.
- Evidence of income loss if the fracture prevents work, such as payslips or employer statements.
- Correspondence with SIRA showing timely notification of the claim. Delays may reduce benefits under the 52-week statutory limit for threshold injuries.
Time Limits, Disputes, and When to Seek Advice
Claims must be submitted within 52 weeks of the accident if only threshold injuries are involved. If the injury exceeds this threshold (e.g., chronic pain requiring long-term treatment), benefits may continue beyond 52 weeks. Disputes over SIRA’s assessment can be resolved by:
- Requesting a review by SIRA’s internal team.
- Seeking independent medical opinions to challenge the injury’s classification.
If your wrist fracture affects daily activities or requires ongoing care, consult a legal professional promptly. SIRA’s rules in Ballina are applied consistently, but individual circumstances, such as the injury’s severity or claim history, can influence outcomes.
Next Steps for Claimants in Ballina
If your wrist fracture from a motor accident in Ballina is causing ongoing issues, time limits and procedural rules may affect your CTP entitlements. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.