Is TAC only in Victoria?

Yes the TAC is only in Victoria.

Each state and territory in Australia has their own body that is responsible for providing compensation to people who have suffered injuries in vehicle accidents.

The state and territory bodies are;

• New South Wales – Motor Accidents Authority of New South Wales
• Australian capital Territory – NRMA compulsory third-party claims department
• Northern Territory – Territory Insurance Office
• Western Australia – Insurance Commission of Western Australia
• Tasmania – Motor Accident Insurance Board
• South Australia – SGIC
• Queensland – Motor Accident Insurance Commission.

TAC also covers some interstate accidents

it’s important to note however that when it comes to TAC compensation, the scope of the TAC‘s coverage is broader than you may expect.

The TAC covers more than just accidents that occur in Victoria.

They will also cover interstate accidents provided that the vehicle involved is registered in Victoria and that the person that suffered the injury in the accident is a resident of Victoria or is the driver of a passenger in the registered vehicle.

The TAC has a discretion to pay compensation under the Transport Accident Act in relation to an accident that occurs in a state or territory outside of Victoria provided that accident involves a vehicle registered in Victoria, notwithstanding the fact that that injured person was not a resident of Victoria at the time of the motor vehicle accident and was not the driver or a passenger in the registered vehicle, if the TAC is satisfied that the person was on the date of the transport accident, likely to reside in Victoria for not less than six months immediately after the date of the accident.

Can I claim with more than one body?

No, if you’ve been involved in a motor vehicle accident you can claim compensation via one of the bodies mentioned above.

There may initially be some dispute in some cases as to which body is appropriate in the circumstances, but ultimately, your matter will be the responsibility of one of the state or territory bodies.

Bottom line

The bottom line is that if you’ve been involved in a transport accident and you think there might be some connection to Victoria, it is worthwhile either contacting the TAC or and or a lawyer and getting advice in relation to whether a Victorian TAC claim is appropriate in the circumstances.

Injured in a car accident while working (Vic)

If you were injured in a car accident while you were working, you may be wondering whether you can obtain assistance from the TAC or from WorkCover.

This page should help clarify things for you.

Your no fault entitlements will likely be through WorkCover

If the car accident happened while you were working (and not in one of the scenarios below) then you’re no fault entitlements will be paid through WorkCover and not the TAC.

What are the WorkCover no fault entitlements?

The first no fault entitlement under WorkCover is the payment of reasonable medical and like expenses.

If you need medical treatment for the injuries that you suffered in the car accident, then many of those expenses will be paid for by the WorkCover insurer.

The second no fault entitlement is weekly payments.

If your ability to work has been impacted, meaning you are not able to work at all or you’re only able to work for example reduced hours, then you’ll be entitled to the payment of weekly payments from the WorkCover insurer.

The WorkCover insurer will pay you based on your pre-injury average weekly earnings.

This is sometimes referred to as PIAWE.

This is an average of your earnings over the 12 months prior to the accident. If you were not employed for 12 months with an employer, than an average of whatever period you were employed with that particular employer.

You’ll be paid at the rate of 95% for the first 13 weeks, and thereafter you’ll be paid at 80%.

You can be paid for a total of 130 weeks.

In some cases you can be paid in addition to 130 weeks if you can show that you’ve got no work capacity and this is likely to continue indefinitely.

This is a very difficult test for people to meet.

If you were getting paid overtime or shift allowances prior to the accident then you will be entitled to factor these in to your pre injury average weekly earnings calculations for the first 52 weeks but not thereafter.

Another no fault entitlement under the WorkCover scheme that you may be able to claim is an impairment benefit claim.

In order to pursue an impairment claim, your injuries need to be stabilised – in that they’re not getting any better and not getting any worse.

A whole person impairment rating needs to be determined by way of a medical assessment or medical assessments.

The whole person impairment rating will determine how much you will be entitled to be paid by way of compensation under this claim.

How do I lodge a WorkCover claim?

In order to initiate a WorkCover claim, you’ll need to complete and lodge a WorkCover claim form.

You can obtain a WorkCover claim form from the Victorian WorkCover authority, your local post office, your union or your lawyer.

Once lodged the claim form has been lodged, it will then be determined by the insurer and either accepted or rejected.

If your claim is accepted then you’ll be entitled to the payment of medical expenses and potentially weekly payments and if you wish you can pursue an impairment benefit claim down the track.

If your claim is rejected then you can appeal the rejection to conciliation.

Common law entitlement will likely be through the TAC

While your no fault entitlements will be the responsibility of the WorkCover insurer if you suffer injury in a car accident while you are working, any common law entitlement will be under the TAC scheme.

If you want to read about common law you can do so here.

In a nutshell, a common law claim is a lump sum claim where you must prove that you suffered a serious injury in the accident and that the injury was contributed to by someone else’s negligence.

In order to pursue a common law claim claim should have a lawyer.

To initiate a common law claim, you first need to lodge a serious injury application.

If you succeed in a common law claim, you can be compensated for pain and suffering and loss of earnings both to the date of settlement and into the future.

What if the car accident happened on my way to or from work?

If the accident happened on your way to or from work, then the TAC will likely be responsible for the payment of all benefits and not WorkCover.

What is the accident happened during a lunch break or authorised recess?

In this case, then it would likely be the responsibility of WorkCover to pay you any benefits and not the TAC.

What if the accident happened on after work hours but in a work car?

In this case, the fact that the accident occurred in a work car does not make a difference. Your entitlements would be the responsibility of the TAC and not WorkCover.

Conclusion

The general position is that if you were involved in a car accident you suffered injury while you were working, your no fault entitlements will be paid by WorkCover and any common law entitlement will be the responsibility of the TAC.

If you were injured in a car accident either on your way to or from work, then the TAC will be responsible for all benefits paid.

If you’re injured during your lunch break or other authorised break from work, then WorkCover will be responsible for paying any benefits.

The bottom line is that it can sometimes be difficult to work out where to get assistance from after a work related car accident. For this reason, you should ensure to get legal advice to ensure you’re on the right track.

How do I claim compensation for whiplash following a car accident?

If you have suffered whiplash (or a neck injury) in a transport accident you may be wondering how to claim compensation for the injury.

This page will outline how you can do so.

Step 1: lodge a TAC claim

This page goes into detail as to how to lodge a TAC claim.

It would also assist for you to understand the TAC claim process.

There are a few ways that you can lodge a claim.

You can call the TAC, use the TAC’s online form or if you were hospitalised after an accident the hospital may have lodged a claim on your behalf.

In addition to your neck injury, you should ensure to list any other injuries that you may have suffered.

Whether those injuries be physical or psychological.

This page details the TAC initial claim process and what happens if your claim is accepted and what happens if your claim is rejected.

A couple of points worth noting when it comes to lodging a claim:

Fault is, for the most part, not relevant. Someone else does not need to be at fault for the neck injury in order for you to claim.

The severity of the neck injury is not relevant as to how likely your TAC claim is to be accepted.

Step 2: claim medical expenses and income payments

Assuming your TAC claim gets accepted, which most claims that get lodged will, the TAC will be responsible for paying the reasonable medical and like costs related to the treatment of your neck injury and any other injuries suffered.

So if you require GP attendances, medication, physiotherapy or chiropractic treatment, or specialist attendances and potential surgery, the TAC should in most cases be responsible for the payment of these expenses.

We would encourage you to read this page which goes into detail about medical and like expenses and how to claim them.

If your neck injury impacts your ability to work then you may be entitled to the payment of income payments for up to 3 years post accident.

In some cases people can obtain payments beyond three years if they are assessed as having a 50% or greater whole person impairment rating.

However, you should be aware that in most cases, if you have suffered a neck injury and no other injuries, it will be unlikely that you’ll this 50% threshold.

However, it is possible to meet the threshold if the neck injury is combined with other injuries or conditions that were suffered in the accident.

Step 3: You may also wish to pursue an impairment benefit lump sum claim

You can read about these claims here.

Your neck injury would need to be assessed by an appropriate specialist.

In most cases it this would be an orthopaedic surgeon but could also be a general surgeon.

If you have a lawyer then your lawyer will generally organise this assessment for you. They will usually engage a doctor that they’ve used before.

If you do not have a lawyer TAC will send you correspondence regarding the lodgement of an impairment claim and if you want to proceed with one and you are not represented by a lawyer then you can let the TAC know and they will organise a medical assessment for you. They will select the doctor that assesses you.

Any other injuries that you suffered, in addition to your neck injury should also be assessed when pursuing an impairment claim.

These assessments are called impairment assessments.

Once your whole person impairment rating has been determined, this will match up to a corresponding compensation amount.

Injuries are assessed in accordance with the American Medical Association guides to permanent impairment.

This is a book that doctors and lawyers use to assess and grade injuries in compensation matters.

When it comes to neck injuries, most typically they’ll be assessed in the range of 5-15%. In some cases involving significant neck injury, the assessment can exceed 15%.

Step 4: You may also wish to pursue a common law lump sum claim

You can read about these here.

In order to succeed in a common law claim following your neck injury you’ll need to show that your neck injury is a serious injury and also that another party that contributed to your neck injury.

You can read about the serious injury aspect here.

In terms of claiming compensation under common law claim, you should have a lawyer represent you if you wish to pursue this claim, given how complex and involved these can be.

The first step to initiate a common law claim is for a serious injury application to be prepared and lodged.

This is an application that includes an affidavit (a document that tells your story), the TAC serious injury claim form, medical material in support both from the doctors and other health practitioners that have treated you and potentially from any medical-legal doctors that have assessed you, and any other material that may be of assistance.

The TAC then determine whether to accept or reject your neck injury as a serious injury.

If they accept that you have a serious injury to your neck then the matter will proceed to a settlement conference involving your representatives and the TAC’s representatives.

If they determine that you do not have a serious injury as a consequence of the accident then you’ll need to go before a Judge to determine whether your neck injury is a serious injury or not.

If you succeed in obtaining a serious injury certificate and there is negligence on behalf of another party which contributed to your neck injury, then you’re entitled to be compensated for pain and suffering and potentially loss of earnings.

Step 5: consider other options

In addition to pursuing a TAC claim and accessing the entitlements referred to above, if your ability to work has been impacted by your neck injury you may also be entitled to claim income protection or a total and permanent disability (TPD) lump sum.

These are benefits sometimes available to people via their superannuation.

In some cases, people may have stand alone insurance policies, separate to their superannuation for these things.

If you are not sure whether you have income protection or TPD coverage, you should contact your super fund. To initiate a claim you ask the fund to send you the relevant claim documentation – complete that and return it.

You’ll require medical material in support confirming your incapacity for work.

In relation to what you’ll be paid either by way of an income protection claim or TPD claim, this depends on your policy. It is not connected to how much you have in your superannuation account in terms of contributions.

Conclusion

If you have suffered a whiplash type injury or a neck injury in a transport accident, you can claim compensation for that injury by lodging a TAC claim

Once the claim has been accepted you’ll be entitled to the payment of medical and like expenses, potentially income payments.

You may also potentially be entitled to an impairment lump sum claim and a common law claim.

To initiate an impairment lump sum claim following a neck injury you’ll need to have that injury (and any other injuries suffered in the accident) medically assessed by appropriate specialists.

To initiate a common law claim following a neck injury, you’ll need to prepare and lodge a serious injury application.

Finally, you may also want to consider income protection benefits and/or pursuing a total and permanent disability claim if you are not able to work.

TAC impairment assesment

Generally speaking, there are four entitlements open to a person to claim from the TAC if they’ve been involved in an accident.

These are: the payment of medical and like expenses, weekly payments, an impairment benefit lump sum claim and a common law lump sum claim.

Impairment assessments are primarily related to impairment benefit lump sum claims.

However, depending upon the outcome of an impairment assessment (or multiple assessments), there may be an impact on other entitlements.

What is an impairment assessment?

If you pursue an impairment lump sum claim, all of the injuries and conditions suffered in the accident that you wish to claim need to be assessed by specialist doctors.

These assessments are called impairment assessments.

A doctor that performs an impairment assessment will be specially trained to evaluate permanent impairment.

After you’ve been assessed, the doctor will complete a report that will then be sent to the TAC.

Specialist doctors

Each injury or condition type needs to be assessed by a specialist in those injuries or conditions.

So for example, if you suffered a broken leg in an accident you may need to be assessed by an orthopaedic surgeon.

If you suffered post traumatic stress disorder in an accident, then you may need to see a psychologist.

If you suffered an injury to your nose you may need to see an ear nose and throat doctor.

And if you suffered an injury to your head, you may need to see a neurologist or a neuropsychologist.

An impairment assessment involves attending an appropriate doctor who assesses any relevant injuries or conditions that they are able to.

They perform an impairment assessment which involves grading each of the relevant injuries or conditions.

They put percentage figures on your injuries and conditions and combine relevant injuries and conditions together to form one overall figure.

What then happens is if you have seen more than one doctor, these impairment figures then get combined into one overall impairment figure. This is called your whole person impairment rating.

If you have only seen one doctor, then the impairment assessment given to you by that doctor is your whole person impairment rating.

For the purposes of an impairment claim, the whole person impairment rating is what determines the compensation amount payable.

Who organises a TAC impairment assessment?

The answer to this is, it depends.

If you do not have legal representation, and you wish to pursue an impairment claim, then the TAC will organise any appropriate assessments on your behalf.

They will select the doctors that you see.

If you do have legal representation then what normally happens is that your lawyer will organise any impairment assessment on your behalf.

They will select the doctors that you see.

What happens during an impairment assessment?

Prior to am assessment the doctor may explain the purpose of the examination, explain their role, explain how you will be examined and obtain your consent to any physical examination before proceeding.

During an impairment assessment, depending upon the nature of the injury or condition being assessed, the doctor will perform a range of tests.

It is the doctor‘s job to assess you in accordance with the American Medical Association guides to the evaluation of permanent impairment (4th edition). This is referred to as the AMA guides.

This is a big red book that you may see in the doctors office.

The doctor will ask you a number of questions and perform any relevant tests as guided by this book.

It is important that you keep in mind that for the purposes of an impairment claim, the doctor is restricted in how they are to assess you.

You may be wondering why a doctor is not more interested in certain things that you are saying such as, for example, certain restrictions in regard to your activities of daily living.

The doctor that will be assessing you is not so much an interested in the way the injury impacts your life.

The doctor is interested in performing an assessment in accordance with the AMA guides and the criteria set out therein.

How long does an impairment assessment usually take?

This depends upon how many injuries need to be assessed and the nature of those injuries.

For example, if you had one physical injury, you may only be in with a doctor for 15 to 30 minutes.

If you have multiple physical injuries it may be longer than this.

If you’re seeing a psychiatrist your appointment could take an hour or two (or longer).

It also depends upon how much medical material the doctor has prior to the appointment.

Can any doctor perform an impairment assessment?

No, a doctor that performs an impairment assessment needs to have undergone specialised training to enable them to perform impairment assessments.

So this means that even a very experienced specialist doctor may not be able to perform an impairment assessment because they have not undergone the requisite training.

Who covers the cost of an impairment assessment?

In most cases, the TAC will cover the cost of an impairment assessment.

Do I need to attend an impairment assessment?

If you do not attend an impairment assessment, then you will not be able to finalise an impairment claim.

Also, if an impairment assessment has been organised and you do not attend, you may have to pay a non attendance fee to the doctor.

If you wish to cancel an impairment assessment, you need to contact whoever scheduled the appointment as soon as possible (either the TAC or your lawyer).

If you cancel an appointment too close to the appointment date, then you may have to pay a non attendance fee to the doctor.

How can an impairment assessment impact other parts of a TAC matter?

If you are assessed as having a 30% or greater whole person impairment rating following an impairment assessment or impairment assessment, then you are considered to have a serious injury which is an important part of a common law claim.

Also, if you are assessed as having a 50% or greater whole person impairment rating, then you will be entitled to the payment of income payments beyond the three mark.

Conclusion

An impairment assessment is a medical assessment that occurs in relation to a TAC impairment claim.

It involves seeing a doctor that has undergone specialised training who will grade an injury in accordance with the American Medical Association guides to the evaluation of permanent impairment.

The impairment assessment figure will be used to determine your whole person impairment rating which will then used to determine your impairment benefit compensation entitlement.

How much should I ask for pain and suffering from a car accident?

When it comes to claiming compensation for pain and suffering following a car accident in Victoria, your only option is to pursue a TAC claim.

You are entitled to pursue a TAC claim following an accident whether the accident was your fault or not.

If you’re not sure whether you’re eligible to TAC assistance in the first place, you can visit this page.

In order to claim compensation for pain and suffering via a TAC claim, you need to lodge an initial TAC claim.

If you’re not sure how to lodge a TAC claim, you can visit this page which outlines how to lodge a claim.

This page outlines the TAC claim process.

Two pain and suffering lump sums under the TAC scheme

Under the TAC scheme, there are two ways that a person can be compensated for pain and suffering.

The first is via an impairment benefit lump sum claim and the second is via a common law claim.

Impairment claim

An impairment claim is considered to be compensation for pain and suffering, however it doesn’t really take into account a person’s pain and suffering.

The process for an impairment claim (which she can read about in detail here) is that once your injuries and conditions have stabilised, that is they are not getting any better not getting any worse and after at least 12 months post accident, all of the injuries and conditions that you suffered in the accident and for which you wish to claim need to be assessed by a specialist doctors.

Each injury type will be assessed by a specialist in those types of injuries.

For example, if you have a spinal injury he may be asked to see an orthopaedic surgeon, if you have a psychological injury you may be asked to see a psychiatrist.

The doctors then put figures on each of the injuries or conditions which then get combined into one overall figure called your whole person impairment rating.

This whole person impairment rating then matches up to a corresponding compensation amount.

In relation to pain and suffering, when it comes to an impairment claim two people could have the same injury but the effects of the injury on one person could be much more than the other person.

However, they would both be entitled to the same amount.

That is how impairment claim works.

So in terms of how much you should ask for when it comes to pain and suffering under an impairment claim, you are limited because you don’t actually ask for compensation amounts.

The compensation amount that you are paid is based on your whole person impairment rating.

Yes, you can dispute an assessment of a doctor and the whole person impairment rating and argue that you’re entitled to more. However, this needs to be supported by medical material.

Common law claim

The second way that you could be compensated for pain and suffering under TAC claim is via a common law claim.

If a person has been involved in an accident and if there was negligence on behalf another party in relation to the accident, they can be compensated for both pain and suffering and loss of earnings.

With an impairment benefit claim, in most cases if two people have the same injury they’re going to be entitled to the same amount.

When it comes to pain and suffering under common law claim however, this is not likely to be the case.

This is because pain and suffering under a common law claim is based on a persons life and how their life has been impacted as a consequence of the injury suffered.

Generally speaking, the bigger the impact that an injury has on a persons life greater the amount of compensation that person will be entitled to ask for, as far as pain and suffering is concerned.

The following pain and suffering consequences that are taken into account (this is not an exhaustive list):

• The impact that an injury might have on your sleep
• Your ability to engage in sports and other activities and hobbies
• Work around the home such as house work, chores and gardening.
• Your ability to work
• Self care

How much you should ask for in terms of compensation for pain and suffering under a common law claim really does depend upon the nature of your injury effect it has on you.

Also, consideration needs to be given to cases that have come before yours.

When lawyers are determining how much to ask for when negotiating a case, they rely on their past experience as well as cases that have been determined before the courts to decide what’s appropriate.

Conclusion

If you wish to pursue pain and suffering after a car accident, the first step to lodge a TAC claim.

There are two lump sum claims under the TAC scheme that provide compensation for pain and suffering. The first is an impairment claim and the second is a common law claim for damages.

When it comes to an impairment claim, compensation is based upon your whole person impairment rating which is determined by medical assessments. You are not able to ask the TAC to pay you a particular amount by way of pain and suffering.

In relation to a common law claim for damages, the pain and suffering amount is based upon the impact that an injury has on you. It is also based upon past cases.

How much does TAC pay?

Generally speaking, there are four main entitlements that a person can claim under the TAC system.

This page will look at each of the entitlements and look at how much the TAC will pay for each.

Medical and like expenses

You can read about the payment of medical and like expenses here.

The TAC have fixed fees for different types of medical expenses.

They have a full list of payment rates on their website.

Fixed fees relate to almost all medical and like expenses payable by the TAC, whether that be GP attendances, medication, physiotherapy, chiropractic or osteopathic treatment, psychology treatment or surgery.

The TAC does however have a discretion as to what to pay in relation to different expenses.

If the medical provider bills you an amount that exceeds the amount that the TAC will pay, you will be responsible for payment of the extra amount to the provider.

Income benefits

You can read about income benefits here.

The amount that the TAC will pay by loss of earnings is based on your pre accident weekly earnings (PAWE).

A person is entitled to payments from the TAC whether they are not able to work at all, or whether they can only partially work following an accident.

For the first 18 months, once the TAC has determined a persons pre-accident weekly earnings average, the TAC will then calculate 80% of this amount.

The TAC will either pay 80% of your pre accident weekly earnings or the prescribed minimum amount which is $740 (as at 1 July 2021) if a person is not able to work.

Or if a person has dependents, the minimum amount of $740 plus an allowance for each dependant ($209 for one dependant, $67 for other dependants).

The maximum payable is $1490 per week.

If you have returned to work but only working on a part time basis, again taking into account the weekly average pre accident earnings, the TAC will pay 85% of the difference between your pre accident weekly earnings and your current weekly earnings or alternatively, the minimum weekly amount less your current weekly earnings whichever is greater.

Or if a person has dependents, the minimum amount of $740 plus an allowance for each dependant ($209 for one dependant, $67 for other dependants).

After 18 months, a person can be paid what’s called loss of earning capacity benefits.

You can be paid at 80% of your pre accident weekly earnings, or if a person does not have any dependants, then the minimum amount of $686.

Or if a person does have dependents, the minimum amount of $686 plus an allowance for each dependant ($194 for one dependent, $66 for other dependants).

The maximum weekly amount is $1290.

You are entitled to the payment of loss of earnings benefits for three years post accident.

If you’ve been assessed as having a 50% or more whole person impairment rating and you are incapacitated for work then you may be entitled to payments beyond the three year period.

Impairment claims

You can read about impairment claims here.

Payment of an impairment claim depends upon your whole person impairment rating.

Currently, for accidents that occurred on her after 16 December 2004, the minimum amount that can be paid is $8140 (being an assessment of 11%) and the maximum amount is $371,610 (being an assessment of 100%).

These figures are current as of 1 July 2021 and are indexed yearly.

If your accident occurred prior to 16 December 2004, then the minimum amount that you can be paid is $1301.56 (being an assessment of 11%) and the maximum amount is $117,140 (being an assessment of 100%).

Common law

You can read about common law claims here.

You can be compensated for pain and suffering and pecuniary loss (loss of past and future earnings) under a common law claim.

The minimum amount of compensation that a person will be entitled to under a common law claim is $57,690.

The maximum amount of pain and suffering payable under a common law claim is $577,280

The maximum pecuniary loss amount is $1,298,980.

All of these figures are current as at 1 July 2021.