In NSW, the first thing the CTP insurer does after receiving your claim is classify your injury as either minor or non-minor. This single classification controls how long you receive statutory benefits and whether you can ever pursue common law damages — including compensation for pain and suffering.

Why the classification matters so much

Under the Motor Accidents Injuries Act 2017 (MAIA):

  • Minor injury — statutory benefits for up to 26 weeks from the accident date. No access to common law damages.
  • Non-minor injury — statutory benefits may continue for longer while the claim resolves. Access to common law damages if you also meet the 10% Whole Person Impairment (WPI) threshold and can prove fault.

If your injury is classified minor when it should not be, you lose access to years of potential compensation. This classification is worth disputing if you believe it is wrong.

What is a minor injury?

MAIA defines a minor injury as a soft tissue injury or a minor psychological injury. A soft tissue injury is damage to muscles, tendons, or ligaments — sprains, strains, and whiplash-type injuries that do not involve structural damage to bones, joints, or nerves. A minor psychological injury is one that does not substantially impair the claimant's ability to carry out daily activities or participate in work.

What is NOT a minor injury

Under MAIA, the following are non-minor injuries regardless of how they present initially:

  • Any fracture — including fractured ribs, stress fractures, and hairline fractures
  • Structural damage to the spine — disc prolapse, disc bulge with nerve root compression, or disc herniation
  • Nerve damage (radiculopathy, nerve root irritation)
  • Burns or lacerations requiring surgical treatment
  • Serious psychological injury — PTSD, major depressive disorder, or adjustment disorder that substantially impairs daily function
Injuries Often Non-Minor Despite Appearing Soft Tissue
  • Whiplash with a disc bulge confirmed on MRI
  • Neck or back pain with nerve symptoms (pins and needles, weakness, radiating pain)
  • PTSD following a serious collision
  • Fractured ribs not apparent on initial X-ray

How the classification is made — and how to dispute it

The CTP insurer makes an initial classification based on your medical records. If they classify your injury as minor and you disagree, you can dispute the decision through SIRA's dispute resolution process. Insurers have a direct financial interest in classifying injuries as minor — do not accept an initial classification without getting legal advice if you have ongoing symptoms, neurological signs, or a confirmed structural injury on imaging.

The 10% WPI threshold for general damages

Even if your injury is classified non-minor, you still need to satisfy the 10% Whole Person Impairment (WPI) threshold before you can claim general damages (compensation for pain and suffering). This assessment is carried out by an independent medical examiner.

Importantly, there is no WPI threshold for economic loss claims. If your injury caused you to lose income due to the at-fault driver's negligence, you may be able to pursue that component without meeting the 10% threshold.

Michael Singh
Principal · AMK Lawyers