ROAD ACCIDENT INJURIES / TAC. Victoria

Transcription

1 ROAD ACCIDENT INJURIES / TAC Victoria

2 FIGHT BACK THROUGH MAURICE BLACKBURN When you ve been hurt, injured or suffered loss, it s easy to feel powerless in the face of big organisations and big legal teams. But you shouldn t have to suffer because of it. You fight back, and you do it through us. Maurice Blackburn was born from one man s belief in making a difference to people s lives. Nearly 100 years on these values remain a powerful influence on everything we do. We exist to help everyday Australians fight back against unfair treatment. And we ll fight for what you need to get on with life. Because at Maurice Blackburn, we fight for fair.

3 If you ve suffered an injury as the result of a motor vehicle accident, you ll understand the stress, pain and frustration that accidents and dealing with the Transport Accident Commission (TAC) can cause. At such a difficult time, compensation benefits can help. Unfortunately, the law relating to TAC claims can be complicated and the process of claiming can add to your load. At Maurice Blackburn we make the process easier for you by providing straight-forward legal advice. We want you to know your entitlements, which is why we have produced this brochure. If you d like to know more, we re happy to discuss your situation during a free first consultation. WHAT YOU NEED TO KNOW ABOUT TAC CLAIMS CAN I MAKE A TAC CLAIM? If you ve been injured in a road accident or public transport accident in Victoria or by a Victorian registered vehicle, you can claim compensation through the TAC. Regardless of whether the accident was your fault or not, you may be entitled to no-fault payments including: medical and hospital expenses rehabilitation expenses nursing and disability services attendant care post acute support services wages substitution expenses arising from a death, and lump sum payments. You must contact the TAC on to lodge the claim. WHAT IS THE TAC? The TAC is a government body that acts as a third party insurer and as a payer of benefits. Where the TAC is the insurer and it is for all drivers of Victorian-registered vehicles its interests are not the same as yours. WHAT INFORMATION CAN THE TAC ACCESS? The TAC will gather information about you from a variety of sources, including your entire medical history, police records, prior compensation claims and taxation records. They may source information from the internet about you, in particular social media such as Facebook or Twitter. You also could be put under surveillance and secretly filmed. Your personal information, including any information you give to a TAC officer, may be used by the TAC to minimise your entitlements.

4 WHAT MEDICAL EXPENSES ARE COVERED? The TAC must pay: approved medical and hospital expenses approved rehabilitation expenses, including any aid, treatment, counselling, appliance, apparatus or other service travelling expenses related to medical and rehabilitation appointments pharmacy expenses incurred because of the transport accident, and family counselling expenses, where the accident caused death or severe injury. Your claim for reimbursement of such an expense must be made within two years of the date of service. The TAC is not the sole judge of whether your treatment is required. However, you should be aware that the TAC s in-house medical and rehabilitation practitioners may contact your treating practitioners. If that occurs, you will not always be advised of the contact or of any decisions made yet it can result in your treatment being limited or terminated. DO I HAVE TO PAY A MEDICAL EXCESS? You may have to pay a medical excess before the TAC starts paying your claim. However: only one excess applies to one family in the same accident the excess does not apply if you were admitted to hospital for one day, and the excess costs may be claimed from Medicare or a private health insurer. WHAT OTHER EXPENSES ARE COVERED? The TAC is required to fund the reasonable costs of: approved disability services, including attendant care, assistance, accommodation support, community access, respite care or household help post-acute support for an injured person requiring support in personal care, mobility, transfers, banking or shopping after discharge from hospital modifications required to a house or motor vehicle if modifications cannot be made, the TAC may contribute to alternative housing or a motor vehicle, and daily living costs if residing in an aged care, supported residential or shared community facility for up to 18 months after discharged from hospital. The TAC may also be required to pay for services such as housekeeping, home services or child care. WHAT TRAVEL EXPENSES ARE COVERED? The TAC is required to pay travel or accommodation costs of: a parent visiting their injured child in hospital a partner or dependant child of the injured person (if the hospital is at least 100km from their residence), and travel for treatment or rehabilitation. The TAC may also have to pay travelling expenses to an earner for up to 12 weeks once the earner returns to work after the accident. CAN I CLAIM FOR LOST WAGES? If you are an earner injured in a vehicle accident, the TAC will pay you loss of earning benefits. Even if you were not working at the time of the accident, or you are a seasonal worker, you may still be eligible for loss of earning benefits. Your loss of earning benefits will be paid from the time of the accident until 18 months after the event. Payments are not made for the first five days of loss, unless there is acute financial hardship. Loss of earning capacity payments are payable from 18 months until three years

5 after the accident. Payments cease three years after the accident unless you have an impairment of at least 50% of the whole person. These may be payable even if you were not eligible to receive loss of earning benefits. The TAC may contribute to lost wages incurred beyond three years if you have further time off for surgery. WHAT IS AN IMPAIRMENT BENEFIT? Impairment benefits are paid on the basis of your whole person impairment. This is a percentage figure that is worked out by doctors using the AMA Guide to the Evaluation of Permanent Impairment. The TAC may do its own calculation, but you do not have to accept it. No benefit is paid if you have a whole person impairment of 10% or less. If your whole person impairment is above 10%, you will receive a lump sum payment. WHEN IS MY IMPAIRMENT LEVEL DETERMINED? You must make an impairment claim within six years of the date of the accident. The TAC is required to determine your entitlement to an impairment benefit when your injuries are stabilised or three years after the accident, whichever occurs first. If your accident occurred before 16 December 2004 then you will receive approximately $ for each 1% beyond 10%. If the accident was after 16 December 2004 then the chart below applies. CAN I APPEAL? You can appeal any TAC decision. However you should know: an appeal must be commenced within 12 months of the date of the decision, and the TAC s internal review is not independent and it does not stop the clock on its decision. CAN I SUE THE OFFENDING DRIVER? COMMON LAW? Where your injuries result from someone else s negligence, you may be able to make a common law claim, that is, a claim for damages (compensation) for pain and suffering and financial loss. Under Victorian law you can make a common law compensation claim if you have suffered a serious injury. A serious injury is one that has a long term impact on your quality of life or ability to earn a living and includes: 30% impairment or more a physical impairment psychological consequences of the accident permanent serious disfigurement, or loss of a foetus. HOW LONG HAVE I GOT TO MAKE A COMMON LAW CLAIM? To make a common law claim you must start it within six years of the date of the accident. In rare cases this time limit can be extended. WHAT ELSE SHOULD I KNOW? If you have been injured in a vehicle accident you must notify the police. CORRESPONDENCE The TAC has a system of scanning incoming mail and using e-files. Based on the number of complaints we hear about information getting lost, we recommend you write your claim number on and keep copies of every page, certificate and invoice that you send to the TAC. THE TAC WEBSITE In dealing with the TAC you will be referred to its web page, policies and guidelines. While many of the points described on the TAC website are fair, others are based on opinion and are without legal authority.

6 REMEMBER THE TAC IS A STATE INSURANCE COMPANY. THEIR INTERESTS ARE NOT THE SAME AS YOURS. COMPLAINTS If you are unhappy with the TAC s conduct you can complain to: The Ombudsman for Victoria 22nd Floor, 459 Collins Street Melbourne 3000 (03) PROTECTING YOUR RIGHTS IS OUR BUSINESS At Maurice Blackburn, we are committed to getting a fair outcome for our clients so you can get on with your life without disadvantage. Our expert TAC lawyers provide a free first consultation and will fight to ensure you receive the best possible outcome, because we recognise that the compensation you receive is vital to ensuring quality of life for you and your family. If you would like to make an appointment please call FROM THE VERY BEGINNING, WE FOUGHT FOR THE RIGHTS OF ORDINARY PEOPLE. WE CONTINUE THIS TRADITION TODAY. IMPAIRMENT BENEFITS Accident after 16 December %-10% $0 33% $42,850 56% $88,040 79% $144,350 11% $6,860 34% $44,710 57% $90,220 80% $149,300 12% $8,120 35% $46,570 58% $92,400 81% $154,270 13% $9,380 36% $48,430 59% $94,580 82% $159,240 14% $10,640 37% $50,290 60% $97,040 83% $164,210 15% $11,900 38% $52,150 61% $99,530 84% $169,180 16% $13,160 39% $54,010 62% $102,020 85% $174,150 17% $14,420 40% $55,870 63% $104,510 86% $179,120 18% $15,680 41% $57,730 64% $107,000 87% $184,090 19% $16,940 42% $59,590 65% $109,490 88% $189,060 20% $18,670 43% $61,450 66% $111,980 89% $194,030 21% $20,530 44% $63,310 67% $114,470 90% $204,050 22% $22,390 45% $65,170 68% $116,960 91% $214,000 23% $24,250 46% $67,030 69% $119,450 92% $223,950 24% $26,110 47% $68,890 70% $121,940 93% $233,900 25% $27,970 48% $70,750 71% $124,430 94% $243,850 26% $29,830 49% $72,610 72% $126,920 95% $253,805 27% $31,690 50% $74,960 73% $129,410 96% $263,750 28% $33,550 51% $77,140 74% $131,900 97% $273,700 29% $35,410 52% $79,320 75% $134,390 98% $283,650 30% $37,270 53% $81,500 76% $136,880 99% $293,600 31% $39,130 54% $83,680 77% $139, % $313,540 32% $40,990 55% $85,860 78% $141,860 Information correct at 1 July Figures indexed yearly. This brochure is a general guide to dealing with TAC claims and is not a substitute for professional advice in this area.

7 OUR TAC EXPERTS JOHN VOYAGE* Principal MELBOURNE John has practised in personal injury law for his entire career. He is committed to redressing the balance between powerful insurers, such as the TAC, and people made vulnerable through injury and consequent loss of income. MALCOLM CUMMING* Principal RINGWOOD Malcolm has worked as a litigation lawyer since He now works exclusively in TAC matters, obtaining compensation for clients injured in transport accidents. CAROLYN KOVAC* GREENSBOROUGH/RESERVOIR Carolyn has practised exclusively in personal injury law since 2003, joining Maurice Blackburn in She is an active member of the LIV Northern Suburbs Law Association and the LIV Courts Practice Committee. GERALDINE COLLINS* Principal SUNSHINE Geraldine has practised in the transport accident field since She was the President of the Victorian branch of the Australian Lawyers Association from and is the Victorian Director of the ALA. CANDA GLANVILLE* FRANKSTON Canda practises exclusively in personal injury law assisting people who have been injured as a result of road accidents. Prior to joining Maurice Blackburn in 2003, Canda worked in the areas of criminal law and family law with Victoria Legal Aid. EMILY ANDERSON * GREENSBOROUGH Emily advises TAC claimants of their entitlements to nofault statutory benefits and common law damages. Emily is a current member of the LIV TAC Committee, the TAC Legal Liaison Group, the TAC Protocols Forum Working Group and the LIV Personal Injury Advisory Committee. TIM DIONYSSOPOULOS* Principal DANDENONG Tim has practised personal injury all his career and exclusively in road and transport accidents since He is a member of the Australian Lawyers Alliance, Southern Solicitors Group and a committee member of the Victorian branch of the Australian Lawyers Alliance. DIMI IOANNOU* MELBOURNE Dimi works exclusively in the area of road accident injuries, fighting for client s entitlements against the TAC. She speaks fluent Greek and is actively involved in the Greek community. Dimi is also on the TAC Law Institute committee. DANIELLE LEO* GEELONG Danielle has practised exclusively in the area of transport accident law since She has a strong Italian and Trade Union background. She is the president of the Geelong Law Association and is a member of the Australian Lawyers Alliance. *Accredited Personal Injury Specialist

8 wefightforfair.com.au ROAD ACCIDENT INJURIES WORKCOVER MEDICAL NEGLIGENCE ASBESTOS DISEASES SUPERANNUATION & INSURANCE CLAIMS PUBLIC LIABILITY FAULTY PRODUCTS COMCARE WILL DISPUTES EMPLOYMENT & INDUSTRIAL LAW CLASS ACTIONS COMMERCIAL LAW SOCIAL JUSTICE VICTORIAN OFFICES Melbourne (03) Level Lonsdale St Melbourne VIC 3000 Dandenong (03) Suite Thomas St Dandenong VIC 3175 Frankston (03) Shop Nepean Hwy Frankston VIC 3199 Geelong (03) Yarra St Geelong VIC 3220 VISITING OFFICES FREECALL Bairnsdale Ballarat Bendigo Box Hill Broadmeadows Cranbourne Kerang Greensborough (03) Grimshaw St Greensborough VIC 3088 Mildura Lime Ave Mildura VIC 3502 Reservoir (03) Spring St Reservoir VIC 3073 Ringwood (03) Ringwood St Ringwood VIC 3134 Leongatha Lilydale Melton Morwell Oakleigh Pakenham Sale Sunshine (03) Hampshire Rd Sunshine VIC 3020 Traralgon (03) Level 1 7 Princes Hwy Traralgon VIC 3844 Wangaratta (03) Ely St Wangaratta VIC 3677 Shepparton Swan Hill Sunbury Warragul Warrnambool Werribee Wodonga Offices also in QLD, NSW, ACT & WA Quality ISO 9001 Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 July This brochure is a general guide to dealing with Road Accident Injury claims and is not a substitute for professional advice in this area. Maurice Blackburn is proud to be carbon neutral (see our website for details). This brochure is printed on ecostar Silk. Made with 100% certified post consumer waste fibre, it is produced with a carbon neutral manufacturing process and has been made in a facility that operates under the ISO Environmental Management System.