How long does TAC pay for?
There are several parts to a TAC claim so each need to be examined to better answer the question how long does the TAC pay for.
A TAC claim could involve four general entitlements.
These are; income replacement benefits, payment of medical expenses, and impairment benefit lump sum and a common-law claim for damages (another lump sum claim).
The rest of this page look at each of those entitlements individually to see how long the TAC will pay for.
Income replacement benefits
The TAC will pay income benefits for up to 3 years post accident.
In some cases, they will pay income replacement benefits after three years if a person has been assessed as having a 50% whole person impairment rating.
These generally will cease after three years post accident.
However, according to the legislation you’re entitled to income replacement benefits beyond three years if you previously been assessed as having a 50% or greater whole person impairment rating.
The income replacement benefits during the three year period are made up of two different types of benefits.
For the first 18 months you are entitled to be paid loss of earning benefits.
From 18 months to 3 years post accident, you are entitled to be paid loss of earning capacity benefits.
Payments are made when injuries prevent someone from working.
Loss of earning capacity benefits are paid to a person who has lost their capacity to earn an income as a result of injury sustained in an accident.
The loss of earning capacity is the difference between your capacity to earn income before you were involved in the accident, and your ability or capacity to earn income after the accident.
If at the18 month post accident mark, you do not satisfy the criteria to obtain loss of earning capacity benefits, then you will not be entitled to income payments from the TAC.
The TAC will pay medical and like expenses for as long as a particular medical expense is considered to be ‘reasonable’.
This is really a medical question and will depend upon what your doctors and other medical professionals are saying about your treatment needs.
However, keep in mind that the longer that you are in receipt of certain types of medical treatment, such as physiotherapy, osteopathy, chiropractic treatment etc, the greater the chance that the TAC will reduce and/or cease your entitlement.
You will need to show that you are obtaining a medical benefit from the treatment and that there is clinical justification in order to continue to receive such medical treatments.
You get one go at an an impairment claim and once you have resolved this claim, even if you get significantly worse in the future, there is nothing that can be done. It cannot be reopened.
Common-law claim for damages
Like the impairment claim above, you get one go at a common-law claim for damages and that is it. So once this claim has resolved like the impairment claim you cannot re-open it and show it again even if your injury get significantly worse in the future.