Did you know in New South Wales what criteria you must satisfy to receive statutory compensation after 26 weeks in a motor vehicle accident?

  1. In NSW the Motor Accident Injuries Act 2017 applies to motor vehicle accidents (MVA) after 1 December 2017.
  2. The legislation allows all injured person’s to receive statutory benefits whether at fault in the MVA or not for the first 26 weeks.
  3. The legislation however determines that if an injured person has a minor injury and/or is considered to have been mostly fault in the motor vehicle accident at greater than 61%, the weekly benefits are terminated after 26 weeks.
  4. Minor injury is defined as soft tissue injuries or minor psychological symptoms.
  5. When involved in a MVA, we recommend that you seek medical attention and where possible have radiological investigations performed (including an MRI scan) to determine if you have injuries which are not soft tissue.
  6. The CTP insurer’s have used general studies to show that disc bulges without clinical correlation, do not satisfy the criteria and can be classified as soft tissue injuries. In the absence of any disc damage, if an injured person has a back injury in the absence of damaged vertebra and has referred pain or radiculopathy again this can only be classified as non-minor if it is verified radiculopathy.
  7. Any psychiatric injury must come within the definition of a recognised psychiatric injury as outlined in the DSM 5 of the AMA guide to the evaluation of whole person impairment.
  8. For any motor vehicle claim please contact Longton Legal.

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