If your injury is worse than a sprain or strain, different rules may apply to your claim. An injury that is more than threshold can mean longer benefits and, if someone else was at fault, a damages claim. People in Primbee with a serious injury often benefit from early advice. Start with a free claim check, and we'll connect you with an independent lawyer if the case calls for one.
Wollongong & the Illawarra · Serious injury compensation
Serious injury? Injury compensation lawyer, Primbee
General information about serious injury claims in NSW, not legal or medical advice.
Postcode: 2502
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Evidence and advice close to Primbee
Around Wollongong and Shellharbour, more than one injury is common after a crash. List every one on your claim; a single injury that's more than threshold can change what the whole claim allows. If the claim itself would mean trips to Wollongong, about 9 km away, it doesn't have to. Where you live needn't hold your claim back: advice and the claim check both work by phone and online, from home. Living in the Wollongong City Council area doesn't change the rules on serious injuries: the threshold line and whole person impairment work the same way across NSW. What differs from person to person is the evidence.
- Region
- Wollongong & the Illawarra
- Postcode
- 2502
- Distance to Wollongong
- ~9 km
- Local government area
- Wollongong City Council
Which side of the threshold line your injury may fall
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.
When an injury counts as serious
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
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
Who assesses impairment, and when
There's usually no single moment when WPI is measured. Opinions may come from reports you obtain, from examinations 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.
- 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
Does a serious injury need a lawyer?
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
- Your injury has worsened since it was last assessed
- The insurer has classed your injury as threshold and the evidence says otherwise
- Another driver was at fault and a damages claim may be possible
- You have a psychological injury as well as a physical one
You may not need one
- You want general scheme information that CTP Assist can give
- The injury has settled with no lasting effect on your work or daily life
- Your injury is healing as expected and should resolve fully
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
- 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 Primbee
- 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 Primbee
- 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 Primbee
Serious injury and your future earnings
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
WPI: the percentage behind serious injury claims
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
What makes an injury more than threshold
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.
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
The evidence a serious injury claim needs
Because serious injuries take time to show their full effect, evidence builds in layers. Early records show the injury happened and how bad it was. Later reports show how it has settled and what it has left behind. An independent lawyer can help spot gaps and decide when the evidence is complete enough to act on.
- Every insurer decision about the injury, with its date
- Any reports prepared for the claim
- Every Certificate of Fitness, in order
- Any impairment assessment, and your response to it
Read next:CTP damages claims
Free claim check
Check where a serious injury leaves your claim
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Frequently asked questions
Usually, yes, because most whiplash is soft tissue injury to the neck. But not always. If nerve damage, or a full or partial tear of a tendon or ligament, is found, the injury may be more than threshold. Symptoms like arm pain, numbness or weakness are worth having recorded. The insurer decides on the medical evidence, and its decision can be reviewed.
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.
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.
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.
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.
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.
Injury compensation lawyer: suburbs near Primbee
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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.