Statutory benefits explained
The 52-week NSW framework, broken into the pieces that actually matter.
If you've been in a NSW motor accident — at fault or not — there's a real entitlement to weekly income, medical care, rehab and a few other things under the Motor Accident Injuries Act. Here's what each part actually covers, what it pays, and how long it lasts.
Where the 52 weeks comes from and what it covers.
NSW’s motor accident scheme runs under the Motor Accident Injuries Act 2017, usually shortened to MAIA. The scheme replaced the old “CTP common law” arrangement with a structured statutory benefits framework that runs for the first 52 weeks after almost any NSW motor accident — for anyone hurt, regardless of who caused it.
The point of the 52 weeks is to give people room to recover without the financial side falling apart. Weekly income while you can’t work. Medical and rehab paid as you go. Travel covered. Psychological support if you need it. It runs in the background while the bigger fault-and-damages question gets worked through separately.
For at-fault drivers, the 52-week framework is the part of the claim that does the real work. The damages part (lump-sum money for non-economic loss, future loss, future care) is restricted by law for at-fault claimants — but the statutory benefits aren’t. That’s the entitlement to know about.
Six parts of the framework, one at a time.
Different parts kick in at different points. None of them require a lump-sum settlement to access.
Weekly income support
The income piece — paid weekly into your nominated account. Up to 95% of your pre-accident weekly earnings for the first 13 weeks, then up to 80% from week 14 to week 52. There's a regulated weekly cap that SIRA adjusts each year, so we always check the current figure rather than quote a stale one.
Medical and treatment costs
GP visits, specialist consults, imaging (X-ray, CT, MRI), pathology, surgery, hospital, medication, and dressings. Invoiced direct to the insurer. No excess. No reimbursement waiting. We chase pre-approvals for the bigger items so treatment doesn't stall.
Rehab and allied health
Physiotherapy, exercise physiology, hand therapy, occupational therapy, chiropractic where clinically warranted, hydrotherapy, group rehab programs. Paid through the same file. Pre-approvals usually needed past a certain number of sessions — handled on your behalf.
Psychological support
Sessions with a clinical psychologist or psychiatrist, plus medication where it's prescribed. Covered for accident-related anxiety, PTSD, acute stress, adjustment disorders, depression linked to the crash or to chronic pain. Often the most undertreated part of an at-fault recovery.
Travel and transport
Reasonable travel to and from approved medical and rehab appointments. Mileage in your own car, taxi or rideshare if you can't drive, public transport where appropriate. Adds up over a year of physio — claim it on the same file.
Return-to-work support
Graduated return-to-work plans built with your treating team and your employer. Workplace ergonomic assessments. Modified duties. Retraining if your old role no longer suits. Aim is a real return, not a paper one.
What weeks 1, 13 and 52 actually look like.
Weeks 1 to 13.The settling-in period. Claim lodged inside the 28-day window so benefits backdate. Income support at the higher rate (up to 95% of pre-accident earnings). Initial treatment running — GP, imaging, first round of physio, first psych session if needed. This is when most of the structure gets set up. By the end of week 13 your treatment plan is in place and the file is running on rails.
Weeks 14 to 26. Income support steps down to the second rate (up to 80% of pre-accident earnings). Treatment usually intensifying or starting to taper depending on the injury. Return-to-work conversation begins — graduated hours, modified duties, what your employer can accommodate. We start mapping out what the back half of the year looks like.
Weeks 27 to 52. The wind-down phase. For most claimants, this is when treatment is consolidating and the return to work is well underway. We start the conversation about life after benefits well before they end. If your injuries qualify as non-threshold under NSW law, we put the case for extended support that runs past the 52-week mark.
After 52 weeks. Standard statutory benefits taper for most at-fault claimants. Extended support continues for non-threshold injuries. Handover to your regular GP and allied health is done properly — not abandoned. The file closes cleanly or transitions, not silently.
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Three things people miss about statutory benefits.
It’s not a lump sum or nothing.
Plenty of people assume compensation means a single payout at the end. The statutory benefits are a separate, ongoing entitlement — they start within weeks of lodging and run regardless of whether any lump sum is ever paid. If a firm tells you “your case isn’t worth it,” they’re usually talking about the lump-sum part. The 52-week framework is still there.
The 28-day window matters.
Lodging inside 28 days of the crash means income support backdates to the day of the accident. Lodge later and you can still claim — there’s a longer window for statutory benefits — but you may need to explain the delay and benefits may not backdate. The sooner the better. If you’re past 28 days already, call us anyway. Late is not the same as never.
Treatment doesn’t end when the money does.
Even if statutory benefits taper at week 52, that doesn’t mean your treatment plan disappears. We hand the file over to your regular GP and allied health team cleanly, and if there’s a case for extended support beyond 52 weeks (for more serious injuries), we put the case for it. The end of the standard framework isn’t the end of the help.
The detail questions people ring with.
Keep reading
At fault — the full picture
The pillar page on at-fault claims in NSW. Why lawyers say no, why we say yes.
Read morePartial fault and shared fault
When fault is split. How it changes the numbers and when it's still worth pursuing.
Read moreA lawyer turned me away
The honest read on why compensation lawyers decline at-fault calls.
Read moreClaiming statutory benefits in your area?
The 52-week framework runs the same wherever you are in NSW. Find your area for local detail, or just give us a call.
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