If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Harrington, statutory benefits usually come first, with weekly payments based on your pre-accident earnings. A damages claim may follow if someone else was at fault and your injury is serious enough. A free claim check tells you where you stand.
Mid North Coast · Car accident compensation
Understanding car accident compensation in Harrington
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2427
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Claiming compensation from Harrington
If you're self-employed or work seasonally between Taree and Coffs Harbour, your earnings may not fit a simple payslip. Tax returns and business records help establish pre-accident earnings for weekly payments. Coming under MidCoast Council has no bearing on compensation. Someone in Harrington 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. Follow-up care after your time at Manning Hospital, such as a specialist review or physiotherapy, is generally funded through statutory benefits rather than damages. Keep receipts for anything you pay yourself, and ask the insurer before committing to large costs.
Understanding your compensation options doesn't require a trip to Taree. From Harrington, the claim check happens by phone and online, and if a damages claim is possible, the lawyer you speak with can generally advise remotely too.
- Region
- Mid North Coast
- Postcode
- 2427
- Local government area
- MidCoast Council
- Nearest public hospital
- Manning Hospital
- Distance to Taree
- ~18 km
Two kinds of compensation
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
When a damages claim can be made and settled
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
Settlement offers are worth a second opinion. The lawyer you speak with can check what the offer covers and whether the timing suits your recovery.
What damages generally don't include
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.
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.
Free claim check
Find out what your claim may include
Call (02) 7238 7379 or start online. It's free, there's no obligation, and you'll know whether a damages claim may be worth exploring.
When legal advice changes the picture
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
- Your injuries may be above the 10% impairment line
- The 2-year mark is close and no damages claim has been lodged
- Fault is disputed or shared
- The insurer disputes how serious your injury is
You may not need one
- You've recovered and are back at your usual work
- 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 your injury is serious and you want to know how impairment is assessed and where the threshold line falls, the injury compensation page covers it. Injury compensation lawyer in Harrington
- 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 Harrington
- 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 Harrington
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.
- Payslips from before the accident
- Evidence of a recent pay rise or promotion
- Rosters showing regular overtime or shifts
- Letters from your employer about your role
Read next:CTP weekly payments
Pain and suffering: the 10% line
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?
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.
When weekly payments can run past 2 years
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
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?
Frequently asked questions
The same principles apply, but proving earnings takes more paperwork. Tax returns, business activity statements, accountant's records and contracts help show what you earned before the accident. If your business was growing, records from the year before the crash can matter. Gather them early, because the insurer relies on them for weekly payments, and they matter again in any damages claim.
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.
Possibly, and you don't have to work it out alone. Close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim for the financial support and domestic services they've lost. This generally depends on the person who died not being mostly at fault. Try to lodge within 3 months of the crash; claims must generally be made within 3 years. CTP Assist (1300 656 919) can connect you with a Principal Liaison Coordinator.
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.
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.
Generally from your income before the accident, using payslips, tax returns or business records. Amendments passed in 2022 allow pre-accident earnings to reflect a higher income earned in the 12 months before the accident, and your actual earnings after it are also taken into account. If your income had recently risen, tell the insurer and provide the evidence. Errors here affect every weekly payment.
Car accident compensation: suburbs near Harrington
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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.