Inner West · Car accident compensation

How much car accident compensation? A Burwood North guide

No figures, no guesses. Just what compensation can include and what the amount depends on.

No one can tell you what your claim is worth from a web page, and you should be cautious of anyone who tries. What we can explain is how compensation works for people in Burwood North: what each part covers, who qualifies and what the amount depends on. Many people only ever need statutory benefits. Where a damages claim is possible, an independent lawyer's advice matters.

Postcode: 2134

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  • By phone & online, no office to visit
  • Helping people in Burwood North & Burwood

How NSW CTP compensation is structured

It's easier to ask what each part pays for. Statutory benefits pay for time off work and for treatment, from early in the claim, and most people get them whoever was at fault. Damages pay for the longer-term cost of the injury: earnings you've lost or will lose and, where impairment is above the 10% line, pain and suffering. The two sit side by side rather than one replacing the other.

Read next:Statutory benefits vs damages

Weekly payments while a damages claim is pending

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

Compensation for people in Burwood North

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. Whether your council is Burwood Council or another one in NSW, the CTP rules on weekly payments, treatment and damages are the same. What moves the amount is your injury and your earnings, not your address. If Concord Repatriation General 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 North, 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
2134
Local government area
Burwood Council
Nearest public hospital
Concord Repatriation General Hospital
From the Sydney CBD
~10 km

Statutory benefits vs common law damages

Here's how the two parts of CTP compensation compare. Statutory benefits start early and are available to most people. Damages come later, if at all, and have stricter entry rules.

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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Gaps people don't expect

Common law damages in the NSW CTP scheme generally don't include treatment and care costs, or gratuitous care, which is unpaid care from family and friends. Treatment and care continues through statutory benefits instead, within the limits that apply to you. That's a real difference from some other compensation systems, and it's worth knowing before you estimate anything.

Timing, settlement and offers

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.

Read next:CTP settlementsShould I accept the first offer?

Compensation for income you've lost

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.

  • Tax returns and notices of assessment
  • Business records if you're self-employed
  • Evidence of a recent pay rise or promotion
  • Letters from your employer about your role

Read next:CTP weekly payments

Pain and suffering: the 10% line

Where your injury sits against the 10% line is often unclear early on, and it isn't something to guess. Some injuries are plainly above it and many are below it. How and when impairment is assessed is a subject of its own; for compensation, what matters is that pain and suffering damages depend on the line, while lost-earnings damages don't.

10% or less?

If your whole person impairment is 10% or less, you may still have a damages claim for lost earnings, as long as the other conditions are met.

The problem with compensation calculators

Instead of a figure, get clarity on the questions that matter. Is your injury more than threshold? Were you mostly at fault? What did you earn before? Could impairment exceed 10%? Our free claim check works through those questions, and where a damages claim is possible, we'll connect you with an independent lawyer.

Read next:Can I claim damages?

Do you need a lawyer to get compensation?

Most people don't need a lawyer just to receive weekly payments. When a lump sum may be involved, it's a different story. Use these lists to get your bearings.

Often worth talking to a lawyer

  • Your injuries may be above the 10% impairment line
  • Fault is disputed or shared
  • Your injury may be more than threshold and another driver was at fault
  • The insurer disputes how serious your injury is

You may not need one

  • You were mostly at fault and don't dispute it
  • You only need to understand how weekly payments are calculated
  • You've recovered and are back at your usual work

If your recovery has stalled, the right treatment matters more than any figure. We can connect you with doctors and allied health experienced with CTP claims and the Certificate of Fitness, alongside legal help if you need it.

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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.

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