If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Tennyson, 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.
Hawkesbury · Car accident compensation
Car accident compensation after a crash near Tennyson
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2754
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Tennyson & Glossodia
How NSW CTP compensation is structured
NSW CTP compensation comes in two parts. Statutory benefits, meaning weekly payments and treatment and care, are paid as you go and are available to most injured people regardless of fault. Common law damages are a lump sum, open only where another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury.
Read next:Statutory benefits vs damages
Weekly payments while a damages claim is pending
Weekly payments generally stop after 104 weeks, or 2 years. They can continue if you've lodged a common law damages claim that is still pending: up to 156 weeks, or 3 years, where your whole person impairment is 10% or less, and up to 260 weeks, or 5 years, where it's more than 10%. The catch is timing. To keep payments going beyond 2 years, the damages claim must be lodged within 2 years of the accident.
The 2-year lodging rule
To keep weekly payments going past 2 years, lodge the damages claim within 2 years of the accident. Waiting until the general 3-year limit can mean payments stop in the meantime.
Read next:CTP weekly payments
Claiming compensation from Tennyson
Self-employed around Windsor and Richmond or out along Putty Road? Proving earnings can mean tax returns and business records rather than payslips. Gather them early, because they set the base for any lost-earnings claim. Coming under Hawkesbury City Council has no bearing on compensation. Someone in Tennyson 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 Hawkesbury District Health Service 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.
Understanding your compensation options doesn't require a trip to Windsor. From Tennyson, 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
- Hawkesbury
- Postcode
- 2754
- Local government area
- Hawkesbury City Council
- Public hospital in the region
- Hawkesbury District Health Service
- Distance to Windsor
- ~11 km
Benefits and damages, side by side
A NSW CTP claim can pay two different kinds of compensation. Most injured people get the first. Only some can claim the second. Neither comes with a set figure; what you receive depends on your circumstances.
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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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?
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.
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
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.
Compensation for income you've lost
If the injury means you can't return to the work you did, or can only work fewer hours, that loss can stretch well into the future. In a damages claim, future economic loss looks at what you would likely have earned if the crash hadn't happened. Evidence matters: payslips, tax returns, employer letters and medical opinions about your capacity.
- Payslips from before the accident
- Tax returns and notices of assessment
- Rosters showing regular overtime or shifts
- Letters from your employer about your role
Read next:CTP weekly payments
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.
Online estimates and their limits
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?
When legal advice changes the picture
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
- You may have lost some of your future earning capacity
- Fault is disputed or shared
- The insurer disputes how serious your injury is
- A family member died and dependants may have a claim
You may not need one
- Your injury is a threshold injury and you agree with that
- You were mostly at fault and don't dispute it
- You've recovered and are back at your usual work
Compensation turns on medical evidence, from your first Certificate of Fitness to any later assessment. We can point you to doctors and allied health who understand CTP claims and keep clear records.
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 Tennyson
- Before asking what you can get, you may need to know what kind of claim you have, and the car accident claim page starts there. Car accident claim in Tennyson
- If you only need the basics of weekly payments and how to lodge, the CTP claims page for Tennyson sets out the steps. CTP claims in Tennyson
Frequently asked questions
They can. The usual end point is 104 weeks, but a common law damages claim you've lodged that is still pending can extend them: to as long as 156 weeks where whole person impairment is 10% or less, or 260 weeks where it's more than 10%. The extension only works if the damages claim went in within 2 years of the accident, so the timing of your claim matters.
Statutory benefits can include weekly payments if you can't work, or can't work as much, and treatment and care that is reasonable and necessary. If you qualify for common law damages, they can include past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering. After a fatal crash, reasonable funeral expenses are covered regardless of fault.
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%.
Generally not until 20 months after the accident, unless your whole person impairment is assessed as more than 10%. The claim must generally be made within 3 years of the accident. If you want weekly payments to continue beyond 2 years, lodge the damages claim within 2 years of the accident. Because these dates interact, it's worth getting advice well before the 2-year mark.
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.
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 Tennyson
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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.