If you have been injured in a car accident after 1 December 2017 then you will probably know about the State Government’s ‘minor injury’ test. This is a gateway through which you have to pass in order to receive income support benefits more than 26 weeks after the accident and a hurdle over which you must leap to obtain common law lump sum compensation.
If you have passed the ‘minor injury’ test and the insurer has decided you have a ‘non-minor injury’, your statutory treatment and care benefits will continue for life and your income support benefits will continue for up to five years. You can claim compensation for non-economic and economic losses subject to certain limits and restrictions.
If you do not pass the ‘minor injury’ test and the insurer has decided you have minor injuries only then your income support payments will stop six months after the motor accident. You may be entitled to claim continuing treatment and care benefits if that treatment and care is helping you to recover from your injuries and return to work or return to activities of daily living.
Minister Dominello always promised he would review the concept of a minor injury and he has lived up to his word. Last week the report (undated and with no details as to who wrote it) was published on the SIRA website.
The report considered: data from 4,768 minor injury claims made by innocent motorists, passengers, pedestrians and cyclists; interviews conducted with 61 injured persons and submissions from 21 persons and entities. Some of the highlights of the report include: