Threshold vs non-threshold injury.

The classification, in plain English

NSW law splits motor accident injuries into two buckets:

• Threshold injury (formerly called "minor injury" under earlier versions of the scheme). Soft-tissue injuries, basic psychological injuries like adjustment disorder. The law treats these as relatively minor and the claim runs in a more limited shape.
• Non-threshold injury. Everything else — fractures, head injuries, nerve damage, more serious psychological conditions that meet the diagnostic threshold, serious soft-tissue with imaging-confirmed structural involvement.

One classification, two very different claim outcomes.

What threshold classification means for your claim

For threshold injuries:

• Statutory benefits (weekly income, medical, rehab) typically run for up to 12 months from the date of the crash.
• No damages claim — no lump sum at the end of the claim, regardless of whether the crash was your fault or someone else's.

That's a meaningful gap. For most people, threshold means the claim runs the first year and then it's done.

What non-threshold classification means

For non-threshold injuries:

• Statutory benefits can run for up to 3 years (longer for catastrophic injuries).
• If the crash wasn't your fault, you can claim damages — a lump sum at the end covering pain, suffering, future economic loss, and future care.
• If you were at fault, the 52-week statutory benefits rule still applies, but damages aren't available.

How the call is made

The CTP insurer makes the first call within a few months of the claim coming in. They look at:

• Medical reports from your treating doctors.
• Imaging (X-ray, MRI, CT).
• Your own description of the injury and its effect on you.
• The opinion of an independent medical examiner they appoint.

Their decision comes in a formal letter, with a right to internal review attached. The letter tells you which category they've put you in and what evidence they used.

Where threshold classifications go wrong

Three common patterns:

Imaging that wasn't done

A whiplash classified as threshold on the basis of GP notes can shift to non-threshold once an MRI shows disc bulge or nerve impingement. If imaging hasn't been done, push for it before the classification locks in.

Psychological injury undersold

Adjustment disorder is threshold. PTSD or major depressive disorder, properly diagnosed by a treating psychologist or psychiatrist, is non-threshold. Many people don't see a mental health clinician at all in the first months — and the classification gets made on incomplete evidence.

Treating doctor's opinion not asked for

The insurer's independent medical examiner sees you once. Your treating GP, physio, or specialist has seen you a dozen times. Their report carries weight on review.

Pushing back on a threshold classification

The path is:

1. Internal review. 28 days from the date of the classification letter. Same insurer, different person, fresh look — often with new evidence.
2. SIRA medical assessment. Independent assessor appointed by SIRA. Their decision binds the insurer.
3. Personal Injury Commission. Independent tribunal review of the medical assessment if needed.

See CTP claim denied for how each review step works.

If your injury is genuinely minor

Some injuries really are threshold — most are. A genuinely minor soft-tissue strain that's settled within a few months is threshold and that's the right call. The point isn't to dispute every threshold classification. The point is to make sure the classification is based on full evidence, not partial.

What we do for you

We read the classification letter, work out whether it's defensible on the evidence so far, and gather what's missing. Treating doctor reports, imaging, psychology assessment — whichever applies. Then we write the internal review or SIRA dispute properly. No fee on any of this — legal costs on damages claims are regulated under NSW MAIA 2017 and typically paid by the insurer.

Take the short check at /check, or call (02) 7238 7379 and a real person picks up.