Serious injuries usually mean long claims, with medical evidence gathered over months. It helps to understand the terms early: threshold injury, whole person impairment, non-economic loss. This page covers them in plain language for people in Bimlow. It won't tell you what your claim is worth, because no honest page can. It will help you ask the right questions.
Macarthur & Wollondilly · Serious injury compensation
Injury compensation lawyer Bimlow: threshold and beyond
Your doctors describe the injury. The scheme's rules decide what that means for your claim.
Postcode: 2787
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Bimlow & Oakdale
Serious injury care and records near Bimlow
For a serious injury, records from Campbelltown Hospital, Camden Hospital or Liverpool Hospital, whichever treated you first, show its severity before recovery began. Obtain them early. Scans and surgery may mean travel, but claim help doesn't have to. Bimlow is about 82 km from the Sydney CBD, and the claim check runs by phone and online. Many lawyers work with seriously injured people the same way. For people in the Wollondilly Shire Council area, as anywhere in NSW, the test for a serious injury comes from the scheme's rules and your medical evidence, not from where you happen to live.
- Region
- Macarthur & Wollondilly
- Postcode
- 2787
- Public hospital in the region
- Campbelltown Hospital
- Distance to Katoomba
- ~31 km
- Local government area
- Wollondilly Shire Council
Serious injury: when legal advice helps
Serious injuries are where legal advice most often earns its place, because the stakes and the rules are both higher. Even so, not every serious injury claim needs a lawyer at every stage. Here is a general guide.
Often worth talking to a lawyer
- Your injury has worsened since it was last assessed
- You're wondering whether your impairment could be more than 10%
- Your injury may stop you returning to the work you did before
- You have a fracture, a tear, nerve damage or a brain injury
You may not need one
- The insurer accepts the injury is more than threshold and benefits are flowing
- The injury has settled with no lasting effect on your work or daily life
- You want general scheme information that CTP Assist can give
If you're not sure your injury has been fully investigated, a doctor experienced with CTP can help. We can suggest doctors and allied health familiar with the Certificate of Fitness and serious injury care.
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
- For what a claim can actually pay for, and the timing rules for damages, see the car accident compensation page. Car accident compensation in Bimlow
- 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 Bimlow
- If the insurer has already decided your injury is threshold and you want to challenge it, the CTP claim denied page sets out the steps. CTP claim denied in Bimlow
Threshold injury, or something more serious?
Where an injury falls against the threshold line affects how long statutory benefits can last and whether damages are possible. The comparison below is general. Symptoms alone don't decide it; the medical diagnosis does.
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
- Nerve damage confirmed by a doctor
- 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
Two measurements do most of the work when an injury is serious. One is the threshold line, which separates soft tissue and some psychological injuries from everything else. The other is whole person impairment, a percentage that describes lasting impairment. Between them, they affect how long statutory benefits can run and what a damages claim, if you have one, can include.
Read next:Threshold vs non-threshold injury
Psychological injury and the threshold
Serious physical injuries often bring a psychological toll: sleeplessness, anxiety, depression or trauma symptoms. These can be part of your claim in their own right. Tell your doctor how you're coping, and ask about psychology if it would help. Whether a psychological injury is threshold or more is a medical and legal question, and the insurer's decision on it can be reviewed.
Read next:Psychological injury after a crash
Free claim check
Serious injury? Talk to us before the next decision
Tell us about your injury and what the insurer has decided. We'll say whether an independent lawyer would help.
WPI: the percentage behind serious injury claims
WPI turns a lasting injury into a percentage. A doctor examines you and rates the impairment under the assessment guidelines that apply to motor accident claims. The number doesn't reflect how hard your life has become; it reflects measurable impairment. Even so, it can decide important questions, especially whether damages for pain and suffering are possible.
It's easy to overstate the 10% line. You don't need more than 10% WPI to claim damages for past and future loss of earnings; you need an injury that's more than threshold, another driver at fault, and not to have been mostly at fault yourself. The 10% line decides pain and suffering, and it also affects some timing rules for a damages claim.
Read next:Can I claim damages? Quick check
Serious injury and your future earnings
A serious injury can change more than the next few months of work. It can limit the kind of work you can do for years, or permanently. In a damages claim, that is called loss of future earning capacity, and it can be a significant part of a serious injury claim. It generally needs evidence from your doctors, your work history and sometimes vocational experts.
Read next:Statutory benefits vs damages
Threshold injuries and beyond
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.
The line also decides whether common law damages are open. With only a threshold injury, they generally aren't. With a more serious injury, you may be able to claim damages if another driver was at fault and you weren't mostly at fault. That is why a threshold decision is often the most important decision the insurer makes about a serious injury.
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 timing of an impairment assessment
There's usually no single moment when WPI is measured. Opinions may come from treating doctors, from doctors the insurer arranges, and, where the two sides disagree, from a medical assessment through the Personal Injury Commission. Timing matters, because injuries can improve or worsen for months. A lawyer can advise whether an assessment is premature before you rely on it.
- Whether the injury has stabilised
- Whether every injured body part is included
- Whether you disagree with the result, and the deadline to say so
Read next:Insurer medical examinations
The evidence a serious injury claim needs
Serious injury claims rest on medical evidence gathered over time: hospital records, imaging, operation reports, specialist opinions, and treating doctors' notes that track your progress. Your own records add the human detail. Start collecting early, keep everything in date order, and make sure each doctor knows about all your injuries, not just the one they're treating.
- Hospital admission and discharge records
- Operation and specialist reports
- Every Certificate of Fitness, in order
- Records of how the injury affects your work
Read next:Gathering medical evidence
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. Tell your doctors about the earlier condition rather than leaving it out.
Tell every doctor about it, 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, and ask your GP whether further review is needed.
Tell your doctor about the change, get it 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.
It's a percentage, often shortened to WPI, that a doctor gives to the lasting impairment an injury leaves. It's usually assessed once the injury has stabilised, and it measures impairment, not pain or lost income. The figure to know is 10%. Above it, damages for pain and suffering become possible and some timing rules for a damages claim change. At 10% or less, lost earnings can still be claimed if the other conditions for damages are met.
Not always. Whether scans are needed is a medical decision, and many injuries are diagnosed by examination. Where your doctor recommends imaging, it can show things an examination can't, such as a fracture, a tear or signs of nerve compression, and that can affect how the injury is classified. Keep copies of every imaging report, and don't arrange scans just for the claim.
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.
Injury compensation lawyer: suburbs near Bimlow
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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.