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, SIRA (State Insurance Regulatory Authority) determines your compensation under the Motor Accident Injuries Act 2017. This article explains how SIRA assesses wrist fractures, what claims are available, and how it differs from other injuries. Understanding these rules is critical for drivers, passengers, and pedestrians in Greater Sydney.
How SIRA Assesses Wrist Fractures in CTP Claims
SIRA evaluates wrist fractures using the Motor Accident Guidelines, which define injuries based on clinical evidence. A wrist fracture qualifies as a 'threshold injury' if it meets specific criteria, such as a break in a bone or ligament damage requiring medical treatment. SIRA considers factors like the severity of the fracture, medical reports, and whether the injury affects daily activities. For example, a simple hairline fracture may be classified as a threshold injury, while a complex fracture with long-term mobility issues might qualify for higher compensation.
What Claims Are Available for Wrist Fractures?
Under NSW CTP laws, you may claim:
- Statutory benefits (weekly payments and treatment costs) if your injury is a threshold injury.
- Damages for pain, loss of income, or long-term disability if your injury exceeds the threshold.
SIRA distinguishes between 'threshold injuries' and 'whole person impairment' (WPI) to determine eligibility. A wrist fracture may fall under either category depending on its impact. For instance, a minor fracture with no lasting effects would typically receive statutory benefits, while a severe fracture causing chronic pain might qualify for damages.
How SIRA’s Guidelines Compare to Other Injuries
SIRA applies consistent criteria to all injuries, but wrist fractures are assessed differently from head injuries or spinal damage. For example, a wrist fracture may not qualify for a 'whole person impairment' rating unless it significantly impacts mobility or function. SIRA also considers whether the injury requires ongoing treatment, such as physiotherapy or surgery, to determine the scope of benefits.
Practical Steps to Support Your Claim
To strengthen your case, gather:
- Medical records confirming the fracture and its severity.
- Accident reports from police or witnesses.
- Evidence of income loss if you missed work due to the injury.
- Photographs of the injury site and accident location.
SIRA may request these documents to assess your claim’s validity. If your injury requires specialist treatment, ensure your medical team documents its necessity.
Time Limits and Dispute Options
You must notify SIRA of your claim within 52 weeks of the accident. If your injury is a threshold injury, benefits are generally limited to 52 weeks unless you qualify for long-term damages. If you disagree with SIRA’s assessment, you can request a review or seek independent medical opinion. However, disputes are rare and require strong evidence to overturn a decision.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as those involving multiple injuries or disputes over impairment ratings, may require legal assistance. A solicitor can help navigate SIRA’s processes, challenge incorrect assessments, or negotiate higher compensation. Always act promptly, as time limits apply to all aspects of your claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.