Goulburn & Southern Tablelands · Serious injury compensation

Injury compensation lawyer help for people in Mount Fairy

How serious injuries are measured in a CTP claim, and what those measurements change.

A fracture, nerve damage, a brain injury or pain that won't settle can change the course of a claim. For people in Mount Fairy, 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.

Postcode: 2580

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Treatment and evidence close to Mount Fairy

The ACT runs its own scheme. If the crash that caused your injury happened over the border, its rules on serious injuries generally apply instead of the NSW rules. If you were admitted to Goulburn Base Hospital after the crash, the admission notes, scans and specialist letters made there are often the first evidence of how serious the injury is. Ask for copies, or ask your GP to obtain them. If scans, specialist reviews or surgery mean trips to Goulburn, about 51 km away, keep a note of each trip and what it cost. Where you live needn't hold your claim back: advice and the claim check both work by phone and online, from home.

Whether you live in the Queanbeyan-Palerang Regional 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
Goulburn & Southern Tablelands
Postcode
2580
Public hospital in the region
Goulburn Base Hospital
Distance to Goulburn
~51 km
Local government area
Queanbeyan-Palerang Regional Council

Threshold injury, or something more serious?

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.

Serious injury, in the scheme's language

In everyday speech, a serious injury is one that hurts a lot or takes a long time to heal. The CTP scheme uses narrower tests. The first is whether the injury is more than a threshold injury. The second, for some kinds of compensation, is how much permanent impairment it leaves, measured as whole person impairment. Pain matters to you, but the scheme looks at diagnosis and lasting effect.

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 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
  • Scans or tests your doctors have ordered
  • Whether you disagree with the result, and the deadline to say so

Read next:Insurer medical examinations

What makes an injury more than threshold

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.

The line also decides whether common law damages are open. With only a threshold injury, they generally aren't. With a more serious injury, you may be able to claim damages if another driver was at fault and you weren't mostly at fault. That is why a threshold decision is often the most important decision the insurer makes about a serious injury.

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

Serious injury: when legal advice helps

Serious injuries are where legal advice most often earns its place, because the stakes and the rules are both higher. Even so, not every serious injury claim needs a lawyer at every stage. Here is a general guide.

Often worth talking to a lawyer

  • You have a psychological injury as well as a physical one
  • Another driver was at fault and a damages claim may be possible
  • You have a fracture, a tear, nerve damage or a brain injury
  • 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
  • Your question is about treatment options, not compensation
  • You want general scheme information that CTP Assist can give

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?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Mount Fairy
  • 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 Mount Fairy
  • 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 Mount Fairy

WPI: the percentage behind serious injury claims

WPI turns a lasting injury into a percentage. A doctor examines you and rates the impairment under the assessment 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.

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

Long-term earning capacity

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

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

Building the evidence for a serious injury

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
  • Every Certificate of Fitness, in order
  • Reports from a treating psychologist or psychiatrist, if any
  • Records of how the injury affects your work

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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