When an injury from a motor accident is serious, two questions shape the claim. Is it more than a threshold injury? And how much lasting impairment does it leave? The answers affect how long benefits can run and whether damages are possible. If you're in Breakfast Point and your injury is serious or not improving, our free claim check looks at where you stand and whether an independent lawyer would help.
Inner West · Serious injury compensation
Injury compensation lawyer Breakfast Point
Your doctors describe the injury. The scheme's rules decide what that means for your claim.
Postcode: 2137
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Breakfast Point & Cabarita
Breakfast Point: hospitals, specialists and the medical record
Serious injuries often mean months of specialist follow-up. From the Inner West, trains through Strathfield and Burwood help, but if travel has become hard, tell your doctor; it is part of the injury's effect. Hospitals serving the area include Concord Repatriation General Hospital. For a serious injury, the records from the first admission, including imaging and any surgery, carry weight because they show the injury before recovery began. Breakfast Point is about 5 km north of Burwood. With a serious injury, travel is often the hardest part of the week, so the claim check and any legal advice can happen by phone and online instead.
Whether you live in the City of Canada Bay area or elsewhere, the scheme measures a serious injury the same way. The local part is your treating team, and the record they keep of your injury over time.
- Region
- Inner West
- Postcode
- 2137
- Nearest public hospital
- Concord Repatriation General Hospital
- Distance to Burwood
- ~5 km
- Local government area
- City of Canada Bay
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
Most people never need to think about impairment percentages. If your injury is serious, you probably will. The scheme's rules divide injuries by type first, threshold or not, and then, for some entitlements, by the degree of lasting impairment. This page explains both in general terms. Your own claim depends on your diagnosis and on the insurer's decisions, which can be reviewed.
Read next:Threshold vs non-threshold injury
The timing of an impairment assessment
In a serious injury claim, impairment often comes into focus well after the crash, once treatment has run its course. The Personal Injury Commission handles medical assessment where the insurer and the injured person disagree. If you think an assessment is wrong, the steps to challenge it are set out separately, and the deadlines are short, so act promptly.
- Whether the injury has stabilised
- Scans or tests your doctors have ordered
- Whether you disagree with the result, and the deadline to say so
Read next:Insurer medical examinations
What makes an injury more than threshold
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 threshold rules and benefit periods depend on when your accident happened. Check which rules apply to your date before relying on any general statement.
Read next:Threshold injury disputes
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
- The insurer has classed your injury as threshold and your doctors disagree
- You have a fracture, a tear, nerve damage or a brain injury
- An impairment assessment is coming up, or you disagree with one
- Your injury has worsened since it was last assessed
You may not need one
- You were mostly at fault, so no damages claim is open to you
- You want general scheme information that CTP Assist can give
- The insurer accepts the injury is more than threshold and benefits are flowing
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?
- Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Breakfast Point
- Before any of this, if the real question is which scheme or kind of claim covers your injury, the compensation lawyer page is the place to begin. Compensation lawyer in Breakfast Point
- 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 Breakfast Point
Mental health after a serious crash
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
What whole person impairment is
Whole person impairment, or WPI, is a percentage that describes how much a lasting injury affects the body as a whole. It isn't a measure of pain, and it isn't a measure of what you've lost. It's a medical assessment made under set guidelines once an injury has stabilised. In a CTP claim, WPI matters mainly for damages: non-economic loss is only available where WPI is more than 10%.
Because so much can turn on a few percentage points, WPI assessments are often contested. Your treating doctors, the insurer's chosen doctor and, if there's a dispute, 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
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
Building the evidence for a serious injury
Because serious injuries take time to show their full effect, evidence builds in layers. Early records show the injury happened and how bad it was. Later reports show how it has settled and what it has left behind. An independent lawyer can help spot gaps, but the underlying evidence comes from your treatment. Getting good care is also how good evidence is made.
- Hospital admission and discharge records
- Operation and specialist reports
- Reports from a treating psychologist or psychiatrist, if any
- Any impairment assessment, and your response to it
Read next:Gathering medical evidence
Free claim check
Check where a serious injury leaves your claim
Call (02) 7238 7379 or request a callback. We'll go through your diagnosis, your dates and any assessment deadlines with you.
Frequently asked questions
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.
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.
It could. Tingling, numbness or weakness can sometimes point to nerve involvement, and confirmed nerve damage takes an injury outside the threshold definition. These symptoms can also have other causes, so it's a question for your doctor, who can decide whether tests are needed. Describe the symptoms precisely, note when they started, and make sure any diagnosis reaches the insurer.
Usually, yes, because most whiplash is soft tissue injury to the neck. But not always. If a doctor finds nerve damage, or a full or partial tear of a tendon or ligament, the injury may be more than threshold. Symptoms like arm pain, numbness or weakness are worth describing to your doctor. The insurer decides on the medical evidence, and its decision can be reviewed.
Each injury matters. Your claim should list every injury the crash caused, and your doctors should record all of them, not just the worst. The threshold limits generally apply where all your injuries are threshold injuries, so one injury that is more than threshold can change the whole claim. How several injuries are rated for impairment is technical, so get advice if it matters to you.
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.
Injury compensation lawyer: suburbs near Breakfast Point
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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.