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You can claim a range of statutory benefits for transport injuries in Victoria
If you are injured in a transport accident in Victoria, you are entitled to lodge a claim for statutory benefits under the Transport Accident Act. We lodged a claim for Transport Accident Commission (TAC) statutory benefits on behalf of a client who was run over by an E-scooter on a Victorian road and suffered injury. At the time of the injury, he had not lodged a TAC statutory benefits claim, nor had the hospital which had initially treated him. When the client instructed us to act, we were able to ensure his statutory benefits claim was accepted. This matter shows the benefit and importance of lodging a TAC statutory benefits claim for transport injury compensation in Victoria, and the importance of obtaining legal advice after a transport accident.
What statutory benefits can an injured person receive under Victoria‘s transport accident scheme?
Where eligible, an injured person can receive statutory benefits for transport injury compensation including:
- Medical and like services;
- Loss of earnings payments; and
- A lump sum impairment benefit.
Medical and like services
If an injured person has an accepted TAC claim they can seek payment from TAC for reasonable medical and like services in respect of their injury. Medical and like services include:
- Hospital and doctor treatment
- Medication costs
- Physiotherapy and other allied health services
- Any necessary equipment
- Psychologist and counselling services
- Home modification
- Any necessary memberships such as gym memberships
- Transport services.
The TAC may require an injured person to obtain pre-approval for funding or reimbursement for medical and like services. Once a claim has been lodged and accepted by the TAC, an injured person can liaise with the TAC and their case manager to seek funding, reimbursement or necessary pre-approval from the TAC for the payment of medical and like services.
Loss of earnings payments
A person injured in a transport accident in Victoria who has suffered an incapacity to work may be entitled to claim loss of earnings benefits to compensate for their inability to work.
Loss of earnings benefits are calculated according to an injured person’s pre-accident weekly earnings. There is a cap on the amount of earnings per week that the TAC will compensate an injured person up to, and the TAC will only pay 80% of the pre-accident weekly earnings.
Impairment benefits
If a person who is injured in a motor vehicle accident has suffered permanent physical or psychological injuries as a result of the transport accident, they may be entitled to an impairment benefit claim, which is a no-fault lump sum. An injured person must be awarded a permanent impairment rating of 11% or more to receive a lump sum of compensation.
In addition to these benefits, a worker who is injured in a transport accident may bring a claim for common law damages in respect of their injury if they have:
- Suffered a 30% or more permanent impairment; or
- Suffered a “serious injury”.
Their claim would be in respect of their suffering and loss of earnings.
Time limits for lodging TAC statutory benefits claims
Persons injured in a motor vehicle accident generally have one year from the date of injury to lodge a claim for statutory benefits. However, in certain situations, the TAC will allow a claim for statutory benefits up to 3 years after the date of the accident.
The final word
If you have been injured in a transport accident, you should seek legal advice and lodge a claim for statutory benefits as soon as possible. Strict time limits apply to bringing claims for common law damages for personal injury. Seek legal advice to maximise your chances of success.
