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NSW CTP Claim
NSW CTP

Daily function, safety and independence

Can CTP pay for occupational therapy or a functional assessment?

OT and functional assessment can be funded where the service is accident-related and reasonably necessary

Yes. Occupational therapy is commonly treated as rehabilitation, and an assessment may support decisions about daily function, equipment, attendant care, home or transport modification, work or community access. Funding is not automatic: the request should explain the accident-related problem, why an OT assessment is needed, its scope and cost, and how the result will guide treatment or care rather than merely produce a broad medico-legal report.

An occupational therapist examines how injury affects tasks such as showering, dressing, cooking, cleaning, parenting, mobility, driving, work, study and community activity. A functional assessment may occur in a clinic, home, workplace or community setting. The most useful assessment observes relevant tasks and records what the person can do safely, repeatedly and with or without assistance.

The purpose matters. A treating OT may recommend strategies, equipment and rehabilitation. An insurer may request an assessment to clarify care needs or function. A solicitor may need evidence for a dispute or damages claim. Those uses overlap, but an assessment obtained solely for litigation is not automatically a treatment-and-care expense. The referral and report should state the role clearly.

Reviewed by Herman Chan, Stephen Young Lawyers

Occupational therapist reviewing daily activities, home safety, equipment and a functional report for a NSW CTP claim.
A useful functional assessment answers a defined daily-activity question and links each recommendation to observed need and alternatives.

What can an OT or functional assessment address?

An OT can assess personal care, transfers, domestic tasks, fatigue, cognition, upper-limb use, mobility, home hazards, parenting tasks and access to work or study. Recommendations may include task modification, pacing, graded activity, splints, aids, assistive technology, seating, bathroom equipment, transport support, home modification or paid care. Each recommendation remains subject to its own necessity and cost evidence.

A home assessment should identify the precise environment and task. A photograph of stairs does not prove a modification is needed; the report should link the injury, observed difficulty, safety risk, alternatives and expected benefit. For cognitive or psychological injury, the OT should explain how symptoms affect routine, planning, initiation, tolerance and community function without stepping outside professional expertise.

Functional testing is not a contest to perform at maximum pain. Give an accurate history, demonstrate tasks safely and explain variability, assistance and after-effects. A one-off observation may not capture fluctuating function, so contemporaneous treating notes, carer records and activity history can provide context.

How should the assessment be requested?

The referral should identify the accident injury, practical question, setting and expected output. For example, it may ask whether bathroom equipment is required for safe showering, whether a graded domestic program is suitable, or what workplace changes are needed. A broad request to assess “all care forever” is less useful than a defined question with current medical support.

Include the provider’s qualifications, proposed hours, travel, report cost and any equipment-trial cost. The insurer may prefer an approved provider, but Guidelines clause 4.104 says a preferred provider should be accepted if suitably qualified and appropriate; if not, reasons should be given. Accessibility and the person’s location, language and condition should be considered.

If the insurer arranges the assessment, ask who instructed the therapist, what documents were supplied, whether the assessment is treatment, rehabilitation or evidence gathering, and who will receive the report. Cooperate reasonably, but correct factual errors and request a copy where the applicable process allows.

How is the report used, and what if the parties disagree?

The report may lead to a treatment plan, equipment trial, paid-care roster, home modification, return-to-work strategy or no recommendation. The insurer should still make a written decision on each requested service. An OT recommendation does not itself approve spending or establish a damages entitlement.

When disputing the report, identify the error: wrong medical assumption, unsuitable test, incomplete task observation, failure to consider variability, mistaken home layout, untested equipment, or a recommendation outside the therapist’s expertise. A focused treating response or second assessment can be more useful than a general statement that the report is unfair.

A dispute about whether an OT service or recommended treatment is reasonable and necessary or accident-related is generally medical. Cost reasonableness can be a merit issue. A separate weekly-payment or damages dispute should not be folded into the same application without identifying the distinct questions.

Practical next steps

Preparing for an OT or functional assessment

Make the assessment answer a practical, observable question.

  1. Define the task problem

    List the specific personal, domestic, mobility, work or community tasks affected by the accident injury.

  2. Confirm the clinical basis

    Provide current diagnoses, restrictions, relevant imaging or specialist advice and expected recovery.

  3. Set the assessment scope

    Identify location, tasks, equipment trials, people to interview and the decisions the report should inform.

  4. Record function accurately

    Explain usual ability, variability, assistance, safety risks and after-effects; do not exaggerate or minimise.

  5. Review recommendations item by item

    Check clinical reason, alternatives, cost, trial outcome and who must issue the written approval.

Evidence

OT and functional evidence checklist

Combine medical evidence with real-world task information and a clear referral question.

  • GP or specialist referral identifying the accident-related functional problem.
  • Relevant hospital, rehabilitation, imaging and therapy records.
  • Task diary describing assistance, duration, safety and after-effects.
  • Photographs or measurements of the relevant home or workplace area where appropriate.
  • Current equipment, care roster and strategies already trialled.
  • Provider proposal, qualifications, hours, travel and report fee.
  • Quotes and trial results for recommended aids or modifications.
  • Insurer instructions, decision and any report relied upon.

Limits of a functional assessment

  • One observed task does not necessarily show what can be done safely and repeatedly over a full day or week.
  • A recommendation is not the same as insurer approval or a direction to purchase equipment.
  • Family help should not be treated as professional paid care without identifying who assists, what they do and whether payment liability exists.
  • An OT report should not be used as a substitute for diagnosis or a medical opinion outside the therapist’s expertise.
  • An assessment prepared for litigation may not automatically qualify as statutory treatment and care.

Timing

Request, decision and review timing

Keep the OT request and each resulting service decision traceable.

  • A defined OT treatment or assessment request should be decided under the Guidelines treatment-request process, ordinarily within 10 days of receipt.
  • Equipment, care or modification recommended later may require separate written requests and decisions; do not assume the first assessment approves them.
  • If a decision is refused, read the internal review and PIC instructions immediately. Different questions about necessity, cost or weekly payments can have different routes.
  • Urgent safety needs should be raised expressly with the insurer and treating team while formal approval is considered.

Frequently asked questions

Can the insurer send an OT to my home?
It may arrange a relevant assessment, but the purpose, scope, provider and privacy arrangements should be explained. Raise access, safety, language or scheduling concerns promptly.
Do I have to buy equipment recommended by the OT?
No automatic rule requires purchase. The recommendation, trial, clinical need, cost and insurer decision should be checked first.
Can an OT decide how many care hours I receive?
An OT may assess and recommend care needs. The insurer or CTP Care makes the funding decision, which can be reviewed if disputed.
Can an OT assess cognitive or psychological function?
An appropriately skilled OT can assess functional effects, routines and participation. Diagnosis and psychiatric WPI remain separate medical questions.
Can I choose the therapist?
A preferred provider can be proposed. Suitability, qualifications, access and insurer approval matter, and the insurer should explain a refusal.
Is an OT report enough for a damages claim?
It may provide useful functional evidence, but damages require separate eligibility and loss evidence. A treatment recommendation does not establish fault or damages value.

Related NSW CTP guides

Official sources

The current legislation, SIRA Guidelines and official CTP Care material linked above are the public-source basis for this page. Treatment and care decisions remain fact-specific and should be checked against the written request, clinical evidence, accident date and insurer reasons.

Functional evidence review

Is an OT assessment or recommendation being questioned?

Send the referral, assessment scope, report, recommendations and insurer decision. We can identify whether the issue concerns clinical need, cost, care, equipment or another claim stream.

General information only: This page explains the NSW motor accidents scheme in general terms and is not legal or medical advice. It does not guarantee approval, reimbursement, continued funding, a review outcome or damages. Keep acting on any date stated in an insurer, CTP Care or PIC notice while obtaining advice.