The NSW Government has recently passed the Motor Accident Injuries Act 2017 (NSW). The new legislation will result in significant changes to the outcomes of compensation claims lodged on or after 1 January 2017.
The new CTP greenslip law creates a new system of what is called “statutory benefits”. Similarly if you were injured at work, your employer’s insurer would cover you for lost income, pay your treatment expenses and arrange for any domestic assistance required at home. The difficulty will be when there is a dispute regarding the benefits you should receive and the level of your injuries. These disputes will be handled by lawyers and it will be our role to fight the dispute and do everything we can you prove that your injuries are genuine and serious.
The advantages include:
- Everyone who is injured in an accident, regardless of fault, will be entitled to benefits covering wage loss, treatment and domestic assistance.
- Benefits will commence immediately after lodging a claim and will continue for 6 months or more depending on the level of your injuries.
The disadvantages include:
- There will be no entitlement to lump sum compensation for the majority of claims. Unless you are seriously injured (with a whole person impairment of 11% or more), you will not receive lump sum compensation.
- Regardless of whether or not your soft tissue injuries have resolved, benefits for soft tissue injuries will cease after six months. If your injuries are more serious, your benefits may continue for a maximum of two years.
Essentially the law has been created to prevent the majority of claimants from receiving lump sum compensation. This is due to the number of fraudulent and exaggerated claims within the system, ruining the system for the genuine claimants.
You can view the new legislation at http://www.legislation.nsw.gov.au/acts/2017-10.pdf .
If you are involved in a motor vehicle accident and have suffered injuries, we recommend that you lodge your claim as soon as possible after the accident. The team at One Law can assist you with the process to ensure you have a hassle free experience while you focus on your recovery. Our accredited specialists have the experience to ensure you receive maximum compensation.
