A fracture, nerve damage, a brain injury or pain that won't settle can change the course of a claim. For people in Cranebrook, 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. Your own doctors' findings, and the insurer's decisions about them, are what count.
Penrith & the Nepean · Serious injury compensation
Cranebrook injury compensation lawyer: serious injuries
How serious injuries are measured in a CTP claim, and what those measurements change.
Postcode: 2749
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- Helping people in Cranebrook & Jordan Springs
Serious injury care and records near Cranebrook
For a serious injury treated at Nepean Hospital in Kingswood, the admission records, imaging and any operation reports are often the core of the medical evidence. A serious injury can make every trip to Penrith 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. If a serious injury means you need changes at home, or help getting around the Penrith City Council area, write down what you need and why. Treatment and care needs are part of what the insurer considers under the scheme.
- Region
- Penrith & the Nepean
- Postcode
- 2749
- Nearest public hospital
- Nepean Hospital
- Distance to Penrith
- ~3 km
- Local government area
- Penrith City Council
Which side of the threshold line your injury may fall
The scheme separates threshold injuries from more serious ones, and the difference shapes the whole claim. This is a general picture based on the scheme's definition. Your doctors describe the injury, the insurer decides where it falls, and that decision can be reviewed.
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.
What 'serious' means in claim terms
An injury can be serious in human terms and still sit on the threshold side of the line, and the reverse can happen too. That can feel unfair. It helps to know the scheme's tests are about the type of injury and its lasting effects, not how much you've suffered. Knowing which test applies lets you and your doctors focus on the evidence that matters.
Read next:Threshold vs non-threshold injury
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%.
An assessment above 10% opens damages for non-economic loss and changes some timing rules as well. But many people with genuine, lasting injuries are assessed at 10% or less. That doesn't mean the injury isn't real, or that there is no damages claim. Economic loss, such as lost earning capacity, can still be claimed where the other conditions are met.
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
Does a serious injury need a lawyer?
If your injury is more than threshold, it's worth at least one conversation with someone who knows the scheme. Whether you need more than that depends on your situation. Use these lists as a starting point.
Often worth talking to a lawyer
- You have a fracture, a tear, nerve damage or a brain injury
- Your injury may stop you returning to the work you did before
- Your injury has worsened since it was last assessed
- A pre-existing condition is being blamed for your symptoms
You may not need one
- The insurer accepts the injury is more than threshold and benefits are flowing
- You want general scheme information that CTP Assist can give
- Your injury is healing as expected and should resolve fully
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?
- Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check 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 Cranebrook
- 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 Cranebrook
- 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 Cranebrook
Threshold injuries and beyond
The threshold line is a medical line drawn by legal rules. Your doctor diagnoses the injury; the scheme's definition decides which side it falls on. Sprains, strains and whiplash without nerve findings usually sit on the threshold side. Confirmed nerve damage, a tear, a fracture or a brain injury generally takes an injury beyond it. The insurer makes the call, and you can challenge it.
Which side you're on matters. For accidents from 1 April 2023, statutory benefits for a threshold injury generally last up to 52 weeks. For accidents between 1 December 2017 and 31 March 2023, the limit was 26 weeks. If your injury is more than threshold and you weren't mostly at fault, benefits can generally continue for longer, and a damages claim may be possible.
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
Impairment is generally assessed once an injury has stabilised, meaning it's unlikely to change much with further treatment. Assessing too early can understate a serious injury. The insurer may arrange an assessment, your own doctors may give opinions, and if the insurer and you disagree about the degree of impairment, the Personal Injury Commission can carry out a medical assessment.
- Whether the injury has stabilised
- Changes in your condition since the last report
- Whether you disagree with the result, and the deadline to say so
Read next:Insurer medical examinations
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 shows an injury is serious
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
- Imaging reports, such as X-ray, CT or MRI, where done
- Operation and specialist reports
- Reports from a treating psychologist or psychiatrist, if any
Read next:Gathering medical evidence
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Frequently asked questions
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.
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.
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. Tell your GP how you're coping, including sleep, mood and any fear of travelling, so it's recorded. If you're referred to a psychologist or psychiatrist, their reports become part of the evidence.
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.
More than one person may. Your treating doctors can give opinions, the insurer may send you to a doctor it chooses, 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.
Injury compensation lawyer: suburbs near Cranebrook
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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.