Relevant Details
- Age group: 30-35
- Injuries: Neck, Shoulder, Knee, Ankle, Psychological
- Occupation: Teacher
Nature of Claim
The claim arises from injuries sustained in a motor vehicle accident. The claimant sought statutory benefits and common law damages under the Motor Accident Injuries Act 2017 (NSW), alleging significant physical and psychological injuries resulting in permanent impairment. The claim involved a dispute about the claimant’s entitlement to non–economic loss (i.e. did the claimant suffer a WPI exceeding 10%) and a claim for common law damages.
Background and Employment
The claimant was involved in a head–on motor vehicle collision when an intoxicated driver veered onto the wrong side of the road. It was a significant accident at a considerable speed and the claimant suffered injuries to multiple body parts.
At the time of the accident, the claimant was employed as a teacher on a fulltime basis. Immediately following the accident, the claimant required months off work before they were able to return on a part–time basis. Upon returning to work, the claimant struggled with occupational duties such as writing on the whiteboard, moving classroom furniture and driving to and from work.
Claim Process
- The claimant submitted an Application for Benefits with the relevant medical certificate and evidence of income within 28 days of the accident. The CTP insurer was identified and began paying the claimant weekly wages whilst they were unable to work.
- The claimant’s medical treatment initially involved an emergency surgery to washout and repair the lower limb injuries. Fortunately, because the claim was lodged promptly, all the medical and rehabilitation expenses were paid for by the CTP insurer without unnecessary delays.
- Once the claimant’s injuries had reached maximum medical improvement, Main Lawyers arranged the relevant independent medical examinations (‘IME’) for the claimant. These IME reports determined the claimant had suffered a degree of whole person impairment (‘WPI’) exceeding 10%, meaning they were entitled to claim common law damages in the form of economic loss and non-economic loss. The insurer disagreed with the claimant’s IME evidence and obtained their own which determined that the claimant’s WPI was less than 10%.
- The claimant filed a permanent impairment dispute in the Personal Injury Commission (‘PIC’) and was sent for a further IME assessment with Commission appointed Medical Assessor. The PIC Medical Assessor determined that the claimant’s injuries exceeded 10%.
- The claimant subsequently lodged an Application for Damages under Common Law seeking damages for economic and non-economic loss.
The Result
Although this matter is considered one claim, there were ultimately two separate yet
significant disputes:
- The permanent impairment dispute in the Personal Injury Commission; and
- The common law damages claim for economic loss and non-economic loss.
If the claimant had not succeeded in the PIC permanent impairment dispute (dispute 1), their common law damages claim would only have included compensation for economic loss. That is because, in order to be entitled to compensation for non–economic loss, a claimant must have suffered a WPI greater than 10%.
In the end, a substantial component of the claimant’s damages was paid on account of non–economic loss.
