A fracture, nerve damage, a brain injury or pain that won't settle can change the course of a claim. For people in Dee Why, 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.
Northern Beaches · Serious injury compensation
Serious injury? Injury compensation lawyer, Dee Why
The threshold line and whole person impairment, explained without promises.
Postcode: 2099
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Dee Why & Dee Why Beach
Dee Why: work, travel and a serious injury
After a crash on Pittwater Road or the Wakehurst Parkway, a partial tear can matter as much as a full one. Either generally takes an injury outside the threshold definition, which changes what the claim allows. A serious injury can change how far you can travel and how long you can sit or stand. If getting to B-Line bus stops is now hard, note it; lasting limits like this are part of the picture a lawyer builds of your earning capacity. A serious injury can make any trip hard, but claim help doesn't need one. Dee Why is about 15 km from the Sydney CBD, and the claim check runs by phone and online. Many lawyers work with seriously injured people the same way.
Whether you live in the Northern Beaches Council area or elsewhere, the scheme measures a serious injury the same way. What's personal to you is the evidence, and how it records your injury over time.
- Region
- Northern Beaches
- Postcode
- 2099
- Getting around
- B-Line bus stops
- From the Sydney CBD
- ~15 km
- Local government area
- Northern Beaches Council
Does a serious injury need a lawyer?
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
- An impairment assessment is coming up, or you disagree with one
- A pre-existing condition is being blamed for your symptoms
- The insurer has classed your injury as threshold and the evidence says otherwise
- You have a fracture, a tear, nerve damage or a brain injury
You may not need one
- Your question is about day-to-day payments, not compensation
- Your injury is healing as expected and should resolve fully
- The insurer accepts the injury is more than threshold and benefits are flowing
With a serious injury, a damages claim is often possible. Ask any lawyer you speak with for a written costs disclosure, and check the time limits for your accident date before anything else. CTP claim time limits
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 Dee Why
- 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 Dee Why
- 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 Dee Why
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
- 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.
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 helps you focus on the evidence that matters.
Read next:Threshold vs non-threshold injury
Who assesses impairment, and when
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
- Any assessment already made, and its date
- Changes in your condition since the last report
Read next:Insurer medical examinations
Free claim check
Serious injury? Talk to us before the next decision
Call (02) 7238 7379 or request a callback. We'll go through your diagnosis, your dates and any assessment deadlines with you.
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 medical evidence, your work history and sometimes vocational experts.
Read next:Statutory benefits vs damages
Threshold injuries and beyond
The threshold line is a legal line drawn around medical facts. The diagnosis describes 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
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. Make sure how you're coping is on the record, not just your physical injuries. 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
WPI turns a lasting injury into a percentage. An assessor examines you and rates the impairment under the 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.
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 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
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.
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. 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.
It compares what you could have earned without the injury with what you can realistically earn now, over the years ahead. Evidence comes from your work history, payslips and tax records, and opinions about the work you can still do, sometimes from vocational experts. It's usually part of a damages claim, so the other conditions for damages need to be met. Keep records of every change to your hours, duties and roles.
It can. The insurer's decision is based on the evidence it has at the time. If a new diagnosis comes to light, such as nerve damage or a tear, the insurer can be asked to look at the classification again. If you disagree with a decision, there's a formal process to challenge it, starting with an internal review, and the CTP claim denied page explains those steps and their deadlines.
It's a percentage, often shortened to WPI, given 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.
Injury compensation lawyer: suburbs near Dee Why
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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.