Compensation in a NSW CTP claim depends on your injury, your earnings, who was at fault and your accident date, not on your postcode. If you live in Burwood Heights and want to understand what you might be entitled to, start with the two kinds of compensation below, then use our free claim check to see which applies and whether legal advice would help.
Inner West · Car accident compensation
What car accident compensation covers in Burwood Heights
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2136
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Claiming compensation from Burwood Heights
Commuting on Parramatta Road, the City West Link or the lines through Strathfield and Burwood? If an injury keeps you from your usual work, weekly payments start from what you earned before, so keep those records handy. Coming under Burwood Council has no bearing on compensation. Someone in Burwood Heights and someone at the other end of the state are assessed under the same NSW rules, based on their injuries, their earnings and who was at fault. If Canterbury Hospital admitted you, the dates of your stay and the time off work that followed are part of your earnings picture. Keep the discharge letter with your payslips, because lost income is assessed from both.
From Burwood Heights, the Sydney CBD is around 10 km away. That doesn't limit your options: an independent lawyer can run a damages claim by phone, email and video, and the claim check itself runs over the phone or online.
- Region
- Inner West
- Postcode
- 2136
- Local government area
- Burwood Council
- Nearest public hospital
- Canterbury Hospital
- From the Sydney CBD
- ~10 km
Benefits first, damages maybe
The first question isn't “how much?” but “which kind?”. If your injury is a threshold injury, or you were mostly at fault, compensation is generally limited to statutory benefits for up to 52 weeks. If neither applies and someone else caused the crash, a damages claim may sit on top of your benefits.
Read next:Statutory benefits vs damages
Non-economic loss explained
Damages for pain and suffering, called non-economic loss, are only available if your whole person impairment is more than 10%. Below that line, a damages claim, if you have one, is limited to economic loss. This surprises many people, and it's one of the main reasons two claims that look similar can end very differently.
10% or less?
Impairment of 10% or less doesn't end a damages claim. It rules out pain and suffering, but economic loss can still be claimed if you otherwise qualify.
When the injury affects your work
Your pre-accident earnings are the anchor for both weekly payments and economic loss damages. Since amendments passed in 2022, pre-accident earnings can reflect higher income in the 12 months before the accident, and actual earnings after the accident are also considered. If you'd recently had a pay rise, a promotion or more shifts, make sure the insurer knows.
- Business records if you're self-employed
- Your Certificates of Fitness
- Letters from your employer about your role
- Records of any income since the accident
Read next:CTP weekly payments
Statutory benefits vs common law damages
It helps to see the two side by side. The points below are general and depend on your accident date, so treat them as a guide to the right questions rather than an answer.
Statutory benefits
- Available to most injured people, regardless of fault
- Weekly payments: up to 95% of pre-accident earnings, then up to 80% or 85%
- Treatment and care that is reasonable and necessary
- Up to 52 weeks for a threshold injury or if mostly at fault (accidents from 1 April 2023)
- Weekly payments generally end at 104 weeks unless a damages claim is pending
- Claim within 28 days for back-paid weekly payments
Common law damages
- Only if another driver was at fault and you weren't mostly at fault
- Your injury must be more than a threshold injury
- Can include past and future lost earnings
- Pain and suffering only if whole person impairment is more than 10%
- Generally doesn't include treatment and care or unpaid care from family
- Generally must be claimed within 3 years of the accident
General information, not legal advice. We give no dollar figures because every claim is different. Time limits apply.
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Find out what your claim may include
No figures pulled from thin air. A free, no-obligation claim check by phone or online looks at what your claim can actually include.
Do you need a lawyer to get compensation?
Statutory benefits often run without a lawyer. Damages claims usually involve one. These lists show common situations, and your own claim check can confirm where you sit.
Often worth talking to a lawyer
- The insurer disputes how serious your injury is
- Your injuries may be above the 10% impairment line
- Your pre-accident earnings seem to have been set too low
- A family member died and dependants may have a claim
You may not need one
- You're receiving weekly payments and they look right
- Your injury is a threshold injury and you agree with that
- You were mostly at fault and don't dispute it
Your treating team shapes the evidence for lost earnings, starting with the Certificate of Fitness. If you don't have a team yet, doctors and allied health practitioners who work with CTP claims are a sensible place to start.
Not quite your situation?
- If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Burwood Heights explains it. Injury compensation lawyer in Burwood Heights
- If it isn't clear yet whether this is a CTP injury claim, a damage claim or something else, begin with the car accident claim page. Car accident claim in Burwood Heights
- For the day-to-day side of weekly payments, such as rates, certificates and the case manager, the CTP claims page is the better fit. CTP claims in Burwood Heights
Treatment, care and the damages claim
CTP covers personal injury only, so vehicle repairs sit outside it altogether and are generally a matter for your own car insurer or the at-fault driver's insurer. Within the injury claim, damages generally cover lost earnings and, above 10% impairment, pain and suffering, while treatment stays with statutory benefits. If you've paid for treatment yourself, keep the receipts and raise them with the insurer as a statutory benefits question.
Payments beyond the 104-week mark
Weekly payments are where statutory benefits and damages overlap. A pending damages claim can stretch weekly payments past the usual 104 weeks: to as long as 156 weeks for impairment at or below the 10% line, or 260 weeks where impairment is more than 10%. Because a damages claim generally can't be made until 20 months after the accident unless impairment is above 10%, the window to lodge in time for this is narrow.
The 2-year lodging rule
Payments beyond 104 weeks depend on a damages claim being pending. The 3-year limit is the outer edge for damages, but the 2-year mark is the one that protects weekly payments.
Read next:CTP weekly payments
Why damages take time
The timing rules for damages, which generally rule out a claim before 20 months and a settlement within 2 years unless impairment is more than 10%, give injuries time to stabilise before they're valued. A claim resolved too early may not reflect how the injury turns out. That's one reason to get advice before accepting any offer: a settlement generally ends the claim for good, and once it's signed there's usually no going back.
Before you accept an offer
Get advice before accepting any settlement offer. A settlement generally ends your damages claim, and once signed it's usually final.
The problem with compensation calculators
Online compensation calculators can't account for the things that actually decide a CTP claim: whether your injury is more than threshold, who was at fault, your whole person impairment, your earnings history and your accident date. A figure produced without those facts isn't a guide; it's a guess. That's why we don't publish one.
Read next:Can I claim damages?
Frequently asked questions
No one can tell you that without knowing your facts, and we don't publish figures. Compensation depends on your injuries, your pre-accident earnings, whether someone else was at fault, whether your injury is more than a threshold injury, your whole person impairment and your accident date. Most people receive statutory benefits. Some can also claim damages. A free claim check helps you understand which applies to you.
Generally 3 years from the accident. A later damages claim may be allowed only with a full and satisfactory explanation, so don't count on it. The earlier marker matters too: lodge within 2 years if you want weekly payments to continue past 2 years while the claim is pending. Statutory benefits run to much shorter deadlines of their own, so make sure that claim is in first.
Only if your whole person impairment is more than 10%, and only as part of a common law damages claim. That means another driver must have been at fault, you must not have been mostly at fault, and your injury must be more than a threshold injury. If your impairment is 10% or less, you may still claim damages for lost earnings.
Yes, in two ways. Weekly payments replace part of your income while you recover: up to 95% of pre-accident earnings for the first 13 weeks, then up to 80% or 85%, subject to an indexed maximum. If you qualify for common law damages, you can also claim past and future loss of earnings, called economic loss, without needing impairment above 10%.
A damages claim generally cannot be settled within 2 years of the accident unless your whole person impairment is more than 10%. Beyond that point, the timing turns on how your recovery goes, what the medical evidence shows and how negotiations with the insurer progress. Be cautious of anyone suggesting an early result is possible without those conditions. Take your time, and get advice before you accept any offer.
Under the NSW CTP scheme, treatment and care costs, and unpaid help from family and friends (called gratuitous care), generally sit outside a common law damages claim. Your treatment keeps being funded through statutory benefits instead, for as long as the benefit periods that apply to you allow. Damage to your vehicle isn't part of a CTP claim at all, because CTP covers personal injury only.
Car accident compensation: suburbs near Burwood Heights
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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.