Macarthur & Wollondilly · Serious injury compensation

Serious injury? Injury compensation lawyer, Maldon

General information about serious injury claims in NSW, not legal or medical advice.

Compensation for a serious injury isn't a single figure you can look up. It depends on the injury, its lasting effects, your earnings and who was at fault, all measured under the scheme's rules. People in Maldon can use this page to understand those rules, then get a free claim check. Many claims run without a lawyer; serious ones often benefit from one.

Postcode: 2571

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After a serious injury near Maldon

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. Maldon is about 22 km south-west of Campbelltown. 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 Wollondilly Shire Council 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
Macarthur & Wollondilly
Postcode
2571
Public hospital in the region
Campbelltown Hospital
Distance to Campbelltown
~22 km
Local government area
Wollondilly 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
  • Your injury may stop you returning to the work you did before
  • You have a psychological injury as well as a physical one
  • 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 were mostly at fault, so no damages claim is open to you
  • Your question is about treatment options, not compensation

Serious injuries need coordinated care. Ask us about doctors and allied health who understand CTP claims, from the Certificate of Fitness to ongoing rehabilitation and psychology.

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
  • If you want to know what compensation can include and when it is paid, the car accident compensation page sets out the whole package. Car accident compensation in Maldon
  • 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 Maldon
  • 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 Maldon

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

  • 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

Who assesses impairment, and when

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
  • Whether every injured body part is included
  • Whether you disagree with the result, and the deadline to say so

Read next:Insurer medical examinations

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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%.

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

Psychological injury and the threshold

A crash can cause psychological injury as well as physical injury, and sometimes instead of it. Some psychological injuries are classed as threshold injuries; others are not, depending on the diagnosis. Anxiety, low mood, flashbacks or fear of driving are worth raising with your GP early, both for your own sake and so the injury is recorded and properly diagnosed.

Read next:Psychological injury after a crash

The threshold line and what takes an injury past it

From 1 April 2023, the scheme uses the term threshold injury, which replaced the old term minor injury. A threshold injury is generally a soft tissue injury, a threshold psychological injury, or both. Soft tissue here means muscles, tendons, ligaments and similar tissue. Nerve damage is excluded, and so is a full or partial tear of a tendon, ligament, meniscus or cartilage.

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

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

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 hospital to the GP to specialists, with no unexplained gaps in treatment. That consistency comes from telling each doctor the full story and following treatment plans. If a report leaves something out, ask the doctor about it rather than letting it pass.

  • Hospital admission and discharge records
  • Imaging reports, such as X-ray, CT or MRI, where done
  • Operation and specialist reports
  • Every Certificate of Fitness, in order

Read next:Gathering medical 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.

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