Chelsea Ferguson, a kiwi living in Australia, and her four children were visiting family for less than a day when they were involved in a tragic accident. Photo: Supplied
A New Zealand mum back from Australia for an extended Christmas holiday on the West Coast is in limbo after a freak accident at a supermarket carpark.
Chelsea Ferguson is faced with the choice of saving or amputating her leg after it was crushed between a wall and a car.
Adding to her stress is a dilemma with ACC, with no guarantee her re-habilition will be funded if she returns home.
What was supossed to be a six-week holiday to visit family back home for the festive season took a turn for the worst for Ferguson.
Less than a day in the country, she was hit by at car at New World in Westport, just over two weeks ago.
"We were just leaving New World Westport and two of my children were already in front walking to the car and then somehow I managed to get Pippa out the way first, she pushed Archie as well out the way, when the driver pushed his accelerator instead of the brake and crushed me into the building."
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Three of her four children were left uninjured, 6-year-old Pippa was left with concussion, a broken arm and collar bone.
Ferguson said Pippa would not have survived if she did not push her out the way.
But that left Chelsea with lacerations to her right leg and her left leg was de-gloved in the accident, with no blood supply for six hours.
Now in Christchurch hospital she has had five surgeries on her left leg, but it is deteriorating fast.
Today she has had another major operation to determine whether or not it can be saved.
"There's an 80 percent chance, they're gonna take my back muscle and do like a muscle flap around my knee and leg where all the holes are and a skin graft, so they should know within the first week if the muscle has taken and survived."
In the meantime, her mother and husband have flown out along with some extended family members from Australia to be with her children.
The hospital is providing them with emergency accommodation but that is booked with other patients from mid next week.
While her immediate medical costs in hospital are covered, she has been told her re-habilitation could take up to 12 months.
She said when it comes to cover from ACC, she is struggling to get answers about what happens when she goes home to Australia.
"But the times that I've rung ACC, they've just basically said that I have to stay in New Zealand for treatment, obviously I'm so thankful for the treatment and everything I am getting, but like just the uncertainty, how are we going to survive."
ACC lawyer Peter Sara said re-habilitation must be provided to patients like Chelsea in New Zealand.
"Not a question of her being a New Zealander or not, it's just a question of where the rehabilitation is provided."
Sara said if she needed the support of a family member to re-cover in New Zealand, she might be eligible for some funding.
He said for many clients this situation was far too common.
"It got to the point where I wrote to the government and said, look you need to warn people who come here a loss of pay or long term rehabilitation is simply not available, when you come here, this is the reality of it. So at least they come here with their eyes open. Far as I know that has never been done. "
ACC said it could not comment on Chelsea's case without a privacy waiver.
In a statement, deputy chief executive Andy Milne said: “Support for injured overseas visitors is assessed on a case-by-case basis but is generally centred on the care and treatment the injured person needs. Under the Accident Compensation Act 2001, there is no provision for funding family of an injured person to travel to New Zealand.”
However ACC can help with funding for travel and accommodation in some circumstances.
"Once a person leaves New Zealand, they would be eligible to be assessed for lump sum compensation and may also be entitled to some ongoing personal care."
The driver of the vehicle has not been charged yet and police enquiries are ongoing.