A fracture, nerve damage, a brain injury or pain that won't settle can change the course of a claim. For people in Arncliffe, this page explains how the NSW scheme draws the line between threshold and more serious injuries, and what whole person impairment measures. It is general information. The findings in your own claim, and the insurer's decisions about them, are what count.
St George & Bayside · Serious injury compensation
Arncliffe injury compensation lawyer: serious injuries
The threshold line and whole person impairment, explained without promises.
Postcode: 2205
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- By phone & online, no office to visit
- Helping people in Arncliffe & Turrella
Arncliffe: work, travel and a serious injury
If a crash on King Georges Road or Forest Road left you with a fracture, a head injury or nerve symptoms, the injury is generally more than threshold. Make sure every injury is on the record from the start. If you used to commute from Arncliffe station and a serious injury has stopped that, the change matters to your claim. Lost earning capacity looks at the work you could do before the crash and what you can manage now. A serious injury can make every trip to Hurstville a major effort. Claim help can stay at home, where the check is done by phone and online and documents can generally be signed without travelling.
Living in the Bayside Council area doesn't change the rules on serious injuries: the threshold line and whole person impairment work the same way across NSW. What differs from person to person is the evidence.
- Region
- St George & Bayside
- Postcode
- 2205
- Getting around
- Arncliffe station · Wolli Creek station
- Distance to Hurstville
- ~6 km
- Local government area
- Bayside Council
Serious injury: when legal advice helps
The more serious and lasting the injury, the more likely the claim will involve impairment assessments, damages and long timeframes. Those are the areas where a lawyer tends to help. These lists are a rough guide.
Often worth talking to a lawyer
- You have a psychological injury as well as a physical one
- You're wondering whether your impairment could be more than 10%
- You have a fracture, a tear, nerve damage or a brain injury
- Another driver was at fault and a damages claim may be possible
You may not need one
- You want general scheme information that CTP Assist can give
- The injury has settled with no lasting effect on your work or daily life
- You were mostly at fault, so no damages claim is open to you
If an impairment assessment is coming up, ask whether your injury has stabilised first. An assessment made too early can understate a lasting injury, and challenging one later has short deadlines. CTP damages claims
Not quite your situation?
- If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We can point you to the right help. Free claim check
- If you want to know what compensation can include and when it is paid, the car accident compensation page sets out the whole package. Car accident compensation in Arncliffe
- If the question is still which sort of claim you have at all, start with the compensation lawyer page before going further. Compensation lawyer in Arncliffe
- To dispute a threshold decision the insurer has made, see the CTP claim denied page for the review process and its deadlines. CTP claim denied in Arncliffe
Which side of the threshold line your injury may fall
Think of this as a map, not a verdict. It shows the kinds of injury usually treated as threshold, and the findings that may take an injury beyond it. Only the medical evidence in your own claim can place you.
Usually treated as a threshold injury
- Sprains and strains of muscles, tendons or ligaments
- Whiplash-type neck pain with no nerve findings
- Bruising and soft tissue swelling
- A psychological injury the scheme classes as threshold
- Statutory benefits generally up to 52 weeks, for accidents from 1 April 2023
May be more than a threshold injury
- Confirmed nerve damage
- A full or partial tear of a tendon, ligament, meniscus or cartilage
- A fracture, which is generally not a soft tissue injury
- A brain injury, or a diagnosed psychological condition beyond the threshold category
- Damages may be possible if another driver was at fault and you weren't mostly at fault
General information, not legal advice, and not medical advice either. The insurer decides on the medical evidence, its decision can be reviewed, and time limits apply.
When an injury counts as serious
In everyday speech, a serious injury is one that hurts a lot or takes a long time to heal. The CTP scheme uses narrower tests. The first is whether the injury is more than a threshold injury. The second, for some kinds of compensation, is how much permanent impairment it leaves, measured as whole person impairment. Pain matters to you, but the scheme looks at diagnosis and lasting effect.
Read next:Threshold vs non-threshold injury
Serious injury and your future earnings
Weekly payments cover lost income for a limited time. For a serious injury, the bigger question is the future: will you be able to return to your old job, at the same hours and pay? If not, a damages claim may include past and future economic loss, provided the conditions for damages are met. That part of a claim doesn't depend on WPI above 10%.
Read next:Statutory benefits vs damages
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Tell us about your injury and what the insurer has decided. We'll say whether an independent lawyer would help.
When a crash affects more than the body
The scheme treats psychological injury seriously, but it still sorts it by diagnosis. A threshold psychological injury is generally handled like a threshold physical one. A more serious diagnosed condition may take the claim beyond the threshold. Because the difference turns on the diagnosis, what is on record, and when it was recorded, can matter a great deal.
Read next:Psychological injury after a crash
What whole person impairment is
People are often surprised by how technical WPI is. It is assessed under guidelines that rate specific impairments, such as lost movement in a joint, and express the result as a whole-body percentage. More than 10% is the key line in CTP claims, because damages for non-economic loss, meaning pain and suffering, are only available above it. Loss of earnings doesn't need that level.
Because so much can turn on a few percentage points, WPI assessments are often contested. Reports prepared for you, for the insurer and, if there's a dispute, by a medical assessor through the Personal Injury Commission may reach different figures. Keep every report, and get advice before accepting an assessment you think is wrong.
Read next:Can I claim damages? Quick check
The timing of an impairment assessment
Impairment is generally assessed once an injury has stabilised, meaning it's unlikely to change much from here. Assessing too early can understate a serious injury. The insurer may arrange an assessment, you may obtain your own reports, and if the insurer and you disagree about the degree of impairment, the Personal Injury Commission can carry out a medical assessment.
- Whether every injured body part is included
- How complete and current the evidence is
- Whether you disagree with the result, and the deadline to say so
Read next:Insurer medical examinations
The threshold line and what takes an injury past it
The definition works by exclusion. An injury is generally threshold if it is soft tissue damage with no nerve damage and no torn tendon, ligament, meniscus or cartilage, whether the tear is complete or not, or if it is a psychological injury the scheme classes as threshold. Injuries outside that description, such as fractures, torn ligaments or brain injuries, are generally more than threshold.
Getting the classification right early helps. If you have symptoms that could point to nerve involvement or a tear, such as numbness, weakness, locking or a joint giving way, make sure they're recorded. If a diagnosis changes, make sure the insurer has the new evidence, because the classification may need to change with it. A classification made on an incomplete picture can generally be reviewed.
Check the date of your accident
The scheme has been amended over time, most recently for accidents from 1 April 2023. Rules change, so check the current rules for your accident date.
Read next:Threshold injury disputes
The evidence a serious injury claim needs
The most persuasive serious injury claims usually have consistent evidence: the same injuries described the same way from the first record to the last, with no unexplained gaps. That consistency comes from giving the full story every time you describe the injury. If a report leaves something out, raise it rather than letting it pass, and keep a note of when you did.
- Any reports prepared for the claim
- A diary of how the injury affects daily life
- Records of how the injury affects your work
- Any impairment assessment, and your response to it
Read next:CTP damages claims
Frequently asked questions
Generally, yes, for the worsening the crash caused. A pre-existing condition, like arthritis or an old back injury, doesn't stop a claim, but the insurer may argue that some of your symptoms would have happened anyway. Clear evidence helps: records of how you were before the crash, and how you've been since. Be open about the earlier condition rather than leaving it out.
Generally, no. A threshold injury is generally a soft tissue injury, and a broken bone isn't soft tissue. So a fracture caused by the crash will usually take the injury beyond the threshold, although the insurer still decides on the medical evidence. If you have a fracture along with soft tissue injuries, make sure the fracture is clearly recorded on every certificate and report.
Make sure it's on the record, even if it seemed mild at first. A brain injury isn't a soft tissue injury, so a diagnosed brain injury is generally more than threshold. Symptoms such as headaches, memory problems, fatigue or changes in mood can take time to show and are easy to put down to stress. Record them with dates as they appear.
More than one person may. Reports you obtain can give opinions, the insurer may arrange its own examination, and where you and the insurer disagree about the degree of impairment, a medical assessor at the Personal Injury Commission can decide it. Timing matters as much as who: an assessment made before the injury has settled can understate it. To challenge an assessment, see the CTP claim denied page, and act quickly because the deadlines are short.
Yes. Psychological injuries caused by the crash can be claimed along with physical injuries. Some are classed as threshold injuries and others are not, depending on the diagnosis. Make sure how you're coping, including sleep, mood and any fear of travelling, is recorded. Any diagnosis, and the reports that support it, become part of the evidence.
Get the change recorded, and make sure the insurer receives the new evidence. An earlier assessment may no longer reflect your condition, and in some circumstances the injury may be looked at again. Whether and how that happens depends on the stage of your claim and the rules for your situation, so this is a good point to get advice.
Injury compensation lawyer: suburbs near Arncliffe
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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.