Some injuries are obviously serious from the day of the crash. Others turn out to be more serious as weeks pass, when further findings show nerve involvement, a tear or a lasting psychological effect. If that is happening to you in Tempe, it may change your claim. We offer a free claim check and, where your claim needs one, an introduction to an independent lawyer.
Inner West · Serious injury compensation
Tempe: when you might need an injury compensation lawyer
The diagnosis describes the injury. The scheme's rules decide what that means for your claim.
Postcode: 2044
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Serious injury claims and records near Tempe
Cyclists on the Bay Run and the Anzac Bridge path can suffer serious injuries in a crash with a vehicle. The same NSW tests apply: the threshold line first, then whole person impairment once the injury settles. A serious injury can change how far you can travel and how long you can sit or stand. If getting to Tempe station is now hard, note it; lasting limits like this are part of the picture a lawyer builds of your earning capacity. Tempe is about 7 km south-east of Burwood. 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.
For people in the Inner West Council area, as anywhere in NSW, the test for a serious injury comes from the scheme's rules and the evidence in your claim, not from where you happen to live.
- Region
- Inner West
- Postcode
- 2044
- Getting around
- Tempe station · bus stops on Princes Highway
- Distance to Burwood
- ~7 km
- Local government area
- Inner West Council
Is your injury serious enough to get advice?
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
- 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
You may not need one
- Your injury is healing as expected and should resolve fully
- 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?
- 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 Tempe
- 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 Tempe
- 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 Tempe
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.
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.
Serious injury and your future earnings
Weekly payments cover lost income for a limited time. For a serious injury, the bigger question is the future: will you be able to return to your old job, at the same hours and pay? If not, a damages claim may include past and future economic loss, provided the conditions for damages are met. That part of a claim doesn't depend on WPI above 10%.
Read next:Statutory benefits vs damages
Whole person impairment, explained
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
The timing of an impairment assessment
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
- Any assessment already made, and its date
- Changes in your condition since the last report
Read next:Insurer medical examinations
The threshold line and what takes an injury past it
The threshold line is a legal line drawn around medical facts. The diagnosis describes 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.
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
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
- A diary of how the injury affects daily life
Read next:CTP damages claims
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.
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.
Possibly. A soft tissue injury with nerve damage, or with a full or partial tear of a tendon, ligament, meniscus or cartilage, is generally not a threshold injury. If yours is more than threshold, another driver was at fault and you weren't mostly at fault, you may be able to claim damages, including loss of earnings. Pain and suffering needs WPI of more than 10%.
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.
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.
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.
Injury compensation lawyer: suburbs near Tempe
Related reading
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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.