TAC certificate of capacity
What is a TAC certificate of capacity?
A TAC certificate of capacity is a medical document that describes your accident related injury or condition.
It also provides an opinion on your capacity to work as well as any limitations that you might have on performing your work tasks.
You will need to obtain certificates of capacity if you have an accepted TAC claim and you wish to obtain TAC loss of earnings payments as you are not able to perform your pre accident employment.
Here’s what a certificate of capacity looks like:
Who can complete a TAC certificate of capacity?
A certificate of capacity must be completed by one of the following practitioners.
The practitioner must be registered and be the primary practitioner responsible for treating your injuries;
- Medical practitioner (e.g. GP, surgeon,)
- Occupational therapist
When do I need a TAC certificate of capacity?
When you have suffered an injury or illness is a consequence of an accident and you’re not able to perform your pre-injury duties.
First certificate of capacity
The first certificate of capacity can be issued by one of the practitioners mentioned above.
What happens if my TAC certificates of capacity are not provided to the TAC?
TAC will not make loss of earnings payments unless you have provided them with valid certificates of capacity.
Who do I send my TAC certificates of capacity to?
You should provide your certificate of capacity directly to the TAC.
You should send it to your case manager or upload it via the TAC app and youu should ensure to keep copies of all of your certificates.
When will a certificate of capacity not be accepted by the TAC?
The TAC will not accept backdated certificates of capacity unless there is a reasonable explanation as to why the certificate has been backdated.
They will also not accept illegible or incomplete certificates of capacity (e.g. if you have not signed it).
Finally, the TAC will not accept a certificate of capacity from a provider who does not have the relevant expertise to form an assessment and comment on the injury or condition.
E.g. if you have a shoulder injury, your psychologist would not be an appropriate practitioner to provide a certificate of capacity.
When should I provide my certificate of capacity to the TAC?
As early as possible however at least five working days prior to the expiration of your previous certificate of capacity.
This allows the TAC to process any payments. It also gives you some time to fix any issues with the certificate.
Can a TAC certificate of capacity be backdated?
The TAC will not pay income replacement benefits for periods of incapacity which pre-date the date of the consultation with a medical practitioner and completion of the TAC certificate of capacity.
Certificate of capacity for a mental injury or condition
A certificate of capacity for mental injuries or conditions suffered in motor vehicle accidents are the same as the certificates relating to physical injuries.
There is one TAC certificate of capacity that relates to all injuries and conditions.
Final certificate of capacity
The final certificate of capacity is the same as any other certificate of capacity.
Many people wonder however how long they need to continue to get certificates of capacity for when they have an active TAC claim.
Essentially, a person should continue to obtain certificates of capacity for as long as they have an entitlement to loss of earning payments.
Certificates of capacity are only relevant to loss of earnings capacity and loss of earning benefits.
They do not relate to or have any impact on the payment of medical expenses or an impairment benefit or a common-law claim.
So if you do not have any entitlement to income benefits from the TAC, then you do not need to obtain certificates of capacity.
TAC certificate of capacity fees
This entirely depends upon the doctor or medical practitioner that you see and what they decide to bill you.
Some medical practitioners will not bill you for a consult relating to the issuing of certificate capacity, whilst others will.
Is a certificate of capacity the same as a normal medical certificate?
No, they are different.
A certificate of capacity is a specific medical certificate that is used in TAC matters.
A typical medical certificate is the type of medical certificate that you might get from your GP if you need some time off work because of the flu or another medical condition that is not related to your motor vehicle accident.
If you try and present a normal medical certificate to the TAC in order to obtain income benefits, they generally speaking will not accept it.
A certificate of capacity includes the diagnosis of any injury that you have that you suffered in the motor vehicle accident.
It also includes an opinion from your doctor as to what your work capacity is.
It will indicate whether the doctor believes you have a work capacity for full unrestricted duties, for modified duties or no work capacity at all.
In order to obtain income benefits from the TAC, you will need to provide them with certificates of capacity.
How do certificates of capacity impact returning to work?
Return to work plans are linked to what is listed on your certificates of capacity.
You should not be returning to work unless you have been certified fit for either full duties or fit for modified duties.
If you are being certified fit for modified duties then you should ensure you understand the limits of what you can and cannot do given your injuries.
It is important that the person that is certifying you understands the type of work you do so they can provide accurate advice as to what you should and should not be doing