NSW CTP laws introduced in December 2017 means injured people now find it harder to make a compensation claim.
- The NSW government prevented the making of compensation claims to injured people who are assessed as ‘minor’ meaning their physical injuries are not greater than 10% permanent impairment.
- Compensation can only be claimed by people who are ‘non-minor’ and have a permanent impairment of 11% or greater.
- Damages are only awarded for economic loss and non-economic loss to injured people with 11% or more permanent impairment.
- No damages are awarded to injured people who are 10% or less.
What does this mean and why will it affect me?
This means doctors will have to assess your claim according to a scale of damages. The more injuries you have, the more likely a doctor will assess your permanent impairment as being 11% or greater. The process is very technical and the insurer puts on evidence to argue that your injuries are not permanent.
It affects all people injured in traffic accidents in NSW, as people whose injuries are on the cusp will likely not reach 11% without the care and skill of a compensation lawyer who knows the new CTP law system.
You now need experienced doctors to assess your claim. PK Simpson obtains the right medical treatment/evidence to make sure your claim has the best possible chances of a lump sum payout.
What sorts of accident are covered?
CTP laws cover accidents on the road whether you’re a pedestrian, passenger in a bus or a driver of a private vehicle. It also covers forklift accidents and other vehicles and automobiles you’re more likely to see in warehouses.
What are my entitlement?
Injured people with ‘minor injuries’:
- Limited to 26 weeks of weekly payments of statutory benefits.
Injured people with ‘non-minor’ (degree of permanent impairment is greater than 10%) injuries:
- Up to 206 weeks of weekly payments;
- Payments for medical treatment;
- Commercial attendant care;
- Damages for economic loss;
- Damages for non-economic loss;
Therefore, every injured person is better off talking to PK Simpson before moving forward with a traffic accident compensation claim.
What can you do?
Continue to seek treatment from your doctor and talk to PK Simpson if your doctor hasn’t referred you to us.
Benefits of having PK Simpson on your side include:
- Up front payment of all medical reports required to bolster your claim.
- We obtain the right medical evidence before you are medically assessed.
- We will fight the insurer when they say your claim is ‘minor’.
- We will seek maximum compensation for loss of earning capacity for you, now and into the future.
- We will seek compensation for your injuries sustained.
- You may not be able to work and therefore have a TPD Superannuation claim.
- Client services who are dedicated to making sure you are up to date and every query answered.
- Online services so that you don’t have to leave your house to talk to us.
- Located in Sydney alongside the insurers making the the claim process efficient.