Injury compensation lawyer Manly East: impairment explained

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.

Getting the classification right early helps. If you have symptoms that could point to nerve involvement or a tear, such as numbness, weakness, locking or a joint giving way, describe them to your doctor. Whether tests are needed is a medical decision. If a diagnosis changes, make sure the insurer has the new evidence, because the classification may need to change with it.

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%.

It's easy to overstate the 10% line. You don't need more than 10% WPI to claim damages for past and future loss of earnings; you need an injury that's more than threshold, another driver at fault, and not to have been mostly at fault yourself. The 10% line decides pain and suffering, and it also affects some timing rules for a damages claim.

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 evidence from your doctors, your work history and sometimes vocational experts.

There's usually no single moment when WPI is measured. Opinions may come from treating doctors, from doctors the insurer arranges, and, where the two sides disagree, from a medical assessment through the Personal Injury Commission. Timing matters, because injuries can improve or worsen for months. A lawyer can advise whether an assessment is premature before you rely on it.

• Scans or tests your doctors have ordered
• Changes in your condition since the last report
• Whether you disagree with the result, and the deadline to say so

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
• Reports from a treating psychologist or psychiatrist, if any