A fracture, nerve damage, a brain injury or pain that won't settle can change the course of a claim. For people in Hillside, 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.
The Hills · Serious injury compensation
Injury compensation lawyer Hillside
General information about serious injury claims in NSW, not legal or medical advice.
Postcode: 2157
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Hillside & Glenorie
Serious injury claims and records near Hillside
If you were hurt on the M2 or Old Windsor Road and the injury hasn't settled, an impairment assessment may be premature. Assessed too early, a serious injury can be understated, so timing matters. Hillside is about 15 km north of Castle Hill. 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 Hills Shire 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
- The Hills
- Postcode
- 2157
- Transport in the region
- Sydney Metro North West (Rouse Hill, Kellyville, Bella Vista, Norwest, Hills Showground, Castle Hill, Cherrybrook) · North-West T-way buses along Old Windsor Road
- Distance to Castle Hill
- ~15 km
- Local government area
- The Hills Shire Council
Is your injury serious enough to get advice?
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
- Another driver was at fault and a damages claim may be possible
- The insurer has classed your injury as threshold and the evidence says otherwise
- An impairment assessment is coming up, or you disagree with one
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
- The injury has settled with no lasting effect on your work or daily life
If the insurer has classed your injury as threshold and you disagree, note the date of the decision. An internal review is generally due within 28 days of receiving it. Threshold injury disputes
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 Hillside
- 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 Hillside
- 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 Hillside
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.
What 'serious' means in claim terms
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
When the injury isn't only physical
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
Free claim check
Not sure how serious your claim is?
An injury that's worse than first thought can change your claim. A short, free conversation can show you what to ask next.
WPI: the percentage behind serious injury claims
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. 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
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.
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 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
When an injury limits your work for years
Earning capacity compares what you could have earned without the injury with what you can realistically earn now. For a tradesperson with a damaged shoulder, or an office worker with a brain injury, that gap can be large and long-lasting. Record every change to your working life: hours, duties, roles you can no longer do. Those facts sit alongside the medical evidence.
Read next:Statutory benefits vs damages
When whole person impairment is measured
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 the injury has stabilised
- How complete and current the evidence is
- Changes in your condition since the last report
Read next:Insurer medical examinations
Building the evidence for a serious injury
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.
- The police report and your own account of the crash
- Every insurer decision about the injury, with its date
- Any reports prepared for the claim
- Every Certificate of Fitness, in order
Read next:CTP damages claims
Frequently asked questions
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.
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.
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.
Each injury matters. Your claim should list every injury the crash caused, and all of them should be on the record, 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. Be open about the earlier condition rather than leaving it out.
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.
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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.