Introduction

Motor vehicle accidents can have a significant impact on our lives, leaving us injured physically, emotionally, and suffering financially. In New South Wales (NSW), the motor vehicle accident scheme provides compensation to those affected by crashes. However, understanding the nuances of this CTP system is crucial for claimants seeking the compensation they are entitled to. One nuance is the concept of a threshold injury and what it is.

Threshold Injury: What You Need to Know

What Is a Threshold Injury?

A threshold injury classification determines what you can claim after sustaining an injury due to a crash. Unlike other injury classifications, it is not based on symptoms or emotional impact but rather on the diagnosis of the injury. Most people with a threshold injury:

• Recover well with treatment.
• Manage their symptoms independently or with some support.
• Return to work or usual activities within a short time.

There are two types of threshold injuries:

1. Soft Tissue Injury: Includes sprains, strains, and minor muscle injuries.
2. Threshold Psychological or Psychiatric Injury: Covers emotional distress resulting from the accident.

It is important to understand that a soft tissue injury, and more importantly a psychological injury may appear to be a minor complaint, but over time are more significant then first thought. It worth have a discussing with Grieve Watson Kelly Lawyers about what type of injuries you have.

Benefits for Threshold Injuries

People with a threshold injury may receive benefits to support their recovery for up to 52 weeks after the crash. These benefits include:

• Weekly income support payments.
• Medical and treatment expenses.
• Domestic and personal care services.

Recovery Expectations

• Everyone responds differently after a crash.
• Experiencing emotional reactions during recovery doesn’t imply something is wrong.
• Symptoms (such as pain) during recovery don’t necessarily indicate further damage.

Above-Threshold Injuries: Going Beyond the Basics

While threshold injuries have clear criteria, above-threshold injuries involve more complex scenarios. These injuries exceed the threshold and often result in significant impairment. Here’s where the 10% PI level becomes crucial:

The 10% PI Level for Non-Economic Loss Claims

• Permanent Impairment is a percentage-based assessment of the overall impact of an injury on a person’s life.
• For most compensable injuries, your injury needs to have a level of impairment of more than 10% to qualify for non-economic loss claims.

Income payments and medical expenses beyond 52 Weeks

If you are not at fault in the accident and your injuries are more than threshold injures you can receive income payments for up to two years. Weekly income payments can go beyond 2 years, but you must have made a damages claim and be able to prove ongoing incapacity to earn.  Medical expenses and care benefits can be ongoing as required, if necessary indefinitely. If you are injured in a accident and you are still incapacitated beyond 1 year, it is important you obtain legal advice tailored to your circumstances and what your actual entitlements are.

Seeking Legal Guidance

Navigating motor accident claims can be difficult. If you’ve been seriously injured in a car crash, consider reaching out to Grieve Watson Kelly Lawyers. Our motor vehicle accident lawyers understand the complexities of personal injury compensation and motor vehicle accident claims.

Disclaimer: This post provides general information based on NSW sources and laws and does not constitute legal advice. We recommend you consult with a lawyer to obtain legal advice for your individual circumstances.