Solid-organ injury claim
Liver and spleen injury after a motor accident
Seatbelt or crush force can lacerate the liver or spleen and cause internal bleeding, embolisation or surgery. Injury grade and blood loss describe the emergency, not the permanent WPI. Liver impairment uses the AMA4 Chapter 10 liver/biliary method. The Guidelines contain a separate exact rule for post-traumatic splenectomy: 3% WPI.
Accident mechanism and diagnosis
How can this injury happen in a motor accident?
Seatbelt or dashboard compression
Blunt upper-abdominal force can lacerate liver or spleen and injure their blood vessels.
Motorcycle or pedestrian crush
High-energy impact can cause major haemorrhage, devascularisation and associated rib or abdominal injuries.
Surgical or embolisation treatment
Organ preservation, partial resection, embolisation or splenectomy can produce different permanent outcomes.
The injuries that may actually occur
- liver laceration or haematoma
- bile-duct or biliary injury
- partial liver resection or post-traumatic liver disease
- splenic laceration treated conservatively or by embolisation
- partial splenic resection or total splenectomy
- associated abdominal scar or digestive complication
Symptoms and functional effects to document
- acute upper-abdominal pain and internal bleeding
- fatigue or reduced tolerance during recovery
- jaundice, ascites or bleeding signs if lasting liver disease develops
- infection-prevention needs after splenectomy
- dietary or digestive symptoms from associated injury rather than the solid organ alone
Urgent health warning
Fainting, worsening abdominal or shoulder-tip pain, rigid abdomen, jaundice, fever or signs of internal bleeding require urgent medical care.
Medical evidence
What tests and findings matter?
The assessment distinguishes a healed laceration with normal organ function from permanent liver disease or total spleen removal. Follow-up imaging and laboratory results are central.
| Test or record | What it can establish | What it cannot establish alone |
|---|---|---|
| Trauma CT and angiography | Document laceration, vascular injury, haemorrhage, embolisation and organ preservation. | Acute injury grade does not equal WPI. |
| Operative report | Confirms repair, partial resection or total post-traumatic splenectomy. | Liver surgery does not have a fixed percentage merely because tissue was removed. |
| Liver function and synthetic markers | May include bilirubin, enzymes, albumin and clotting evidence relevant to permanent liver disease. | Transient acute abnormalities during shock or surgery may resolve. |
| Follow-up specialist records | Establish stability, complications, treatment and permanent functional outcome. | General fatigue without organ dysfunction does not select an impairment class. |
A separate legal classification
Threshold injury is not the same as WPI
A verified liver or spleen laceration, vascular injury or organ removal may be non-threshold. Abdominal bruising without organ injury may be threshold. WPI remains a separate question and can be low even after a life-threatening acute injury.
A non-threshold classification does not set a WPI percentage. Conversely, a low or zero WPI assessment does not necessarily decide the threshold-injury classification. Physical and psychiatric WPI are assessed separately and cannot be combined to determine whether impairment is greater than 10%.
Motor Accident Guidelines Part 6
How is permanent impairment assessed?
Liver and biliary impairment is assessed under clauses 6.244-6.249 using AMA4 Chapter 10 Table 6. Spleen assessment is directed to Chapter 7 by clauses 6.240-6.241. Clause 6.241 fixes post-traumatic splenectomy at 3% WPI; it does not assign 3% to every spleen laceration.
| Assessment issue | CTP method | Important limit |
|---|---|---|
| Permanent liver or biliary dysfunction | Use AMA4 Chapter 10 Table 6 with objective liver disease, symptoms, treatment and clinical consequences. | An acute laceration grade or resection alone does not select a class. |
| Total post-traumatic splenectomy | Apply the exact clause 6.241 rating of 3% WPI. | The rule applies to post-traumatic splenectomy, not all splenic injuries. |
| Preserved spleen or partial injury | Assess any supported permanent consequence under the applicable Part 6/AMA4 method. | Do not assume a fixed spleen percentage where the organ remains and function is normal. |
Verified Guidelines example or rule
Clause 6.241 states that an injured person with post-traumatic splenectomy must be assessed as having 3% WPI. This exact rule does not depend on the number of hospital days, but the accident causation and fact of splenectomy must be established.
What may result in 0% or no assessable WPI?
- a healed liver or spleen laceration with normal permanent organ function
- embolisation with organ preservation and no lasting impairment
- temporary liver-test abnormalities that resolve
- fatigue or pain without objective organ dysfunction
What may support a higher assessment if verified?
- post-traumatic splenectomy at the verified 3% WPI
- persistent objective liver disease meeting the Chapter 10 Table 6 criteria
- biliary complication, portal consequence or treatment burden supported by the applicable class
- a distinct digestive, scar or other organ impairment after overlap is removed
Combination and overlap rules
- Post-traumatic splenectomy uses the exact 3% rule and is not added to a second rating for the same spleen loss.
- Liver, digestive, scar and respiratory consequences are combined only where distinct.
- Pain has no separate AMA4 Chapter 15 allowance.
What does not establish impairment by itself?
- injury grade alone
- blood transfusion or ICU stay alone
- embolisation or liver surgery alone
- abdominal pain without permanent organ dysfunction
Crash-specific examples
Grade liver laceration that heals
The acute injury can be severe, but normal later liver function and no lasting complication may mean 0% permanent liver impairment.
Emergency splenectomy after internal bleeding
Once causation and total post-traumatic splenectomy are established, clause 6.241 prescribes 3% WPI.
Claim file preparation
Evidence checklist
Practical next steps
What should you do next with a liver and spleen injury claim?
Start with the insurer's most recent written decision and identify what is actually disputed: treatment, weekly payments or work capacity, threshold injury, permanent impairment, causation, or damages. These are separate questions and may require different evidence and review procedures. Record the date of the decision and every review deadline shown before gathering further material.
- 01
Preserve the claim and the decision under review
Keep the claim number, accident date, insurer letter, certificate of fitness and any internal review or Personal Injury Commission correspondence together. Do not assume that a treatment approval or payment of statutory benefits decides fault, damages eligibility or WPI.
- 02
Obtain evidence that answers the disputed issue
For this injury, the useful starting material includes initial trauma CT and injury grade and angiography and embolisation report. Clinical testing may include Trauma CT and angiography and Operative report. Ask the treating practitioner to record the diagnosis, accident causation, objective findings, treatment response and current functional limits rather than symptoms alone.
- 03
Use the correct review process
Compare the insurer's reasons with the records it relied on. A threshold-injury decision, treatment refusal, weekly-payment decision and WPI assessment do not all follow the same review process. The decision letter should identify available internal review or dispute steps and the applicable deadline.
If the decision, medical material or deadline is unclear, send the key documents for a focused review before lodging a broad objection. See the CTP disputes guide or contact NSW CTP Claim. Advice depends on the facts, evidence and current law; a review cannot guarantee a claim outcome.
Assessment source
Liver and spleen assessment under NSW CTP
Assessment source: Motor Accident Guidelines Part 6, clauses 6.240-6.241 and 6.244-6.249; AMA4 Chapter 7 for spleen and Chapter 10 Table 6 for liver and biliary impairment.
Threshold injury: A supported organ injury may be non-threshold; WPI is separately determined from the permanent result.
What the assessor checks
- post-traumatic splenectomy at 3% WPI
- objective permanent liver function
- applicable liver/biliary Table 6 criteria
- distinct associated organ consequences
What does not establish the result by itself
- acute injury grade
- surgery or embolisation alone
- pain alone
- temporary abnormal blood tests
Official sources
Related NSW CTP guides
Free claim check
Review the diagnosis, insurer decision and evidence together
Send the accident date, insurer decision, relevant hospital or specialist reports, and any deadline shown. NSW CTP Claim is a specialised service of Stephen Young Lawyers. Legal services are provided by Stephen Young Lawyers.
Frequently asked questions
- What is the WPI for post-traumatic splenectomy?
- Clause 6.241 prescribes 3% WPI.
- Does every spleen laceration receive 3%?
- No. The exact rule is for post-traumatic splenectomy, not every conservatively treated or embolised spleen injury.
- Does liver resection have a fixed WPI?
- No. Permanent liver/biliary function and the AMA4 Chapter 10 Table 6 criteria are assessed.
- Can a severe liver injury produce 0% WPI?
- It can if it heals without permanent assessable liver or biliary dysfunction.
- Can the abdominal scar also be assessed?
- Potentially, if it creates a distinct skin impairment and the same consequence is not counted twice.