MAURICE BLACKBURN LAWYERSROAD ACCIDENT INJURIES / TAC—VICTORIA

02

MAURICE BLACKBURN

YOU’RE WORTH FIGHTING FOR.If you are hurt, injured, or are facing an unfair

situation, you and your family shouldn’t have

to suffer. That’s why we never stand back when

bad things happen to good people.

At Maurice Blackburn we believe that the law

should serve everyone. Who you are or where

you’re from, it doesn’t matter. You’re worth

fighting for.

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 fight for your rights. For what you

deserve. When life isn’t fair we’ll help you to

fight for everything you’re entitled to.

Because at Maurice Blackburn, we fight for fair.

03

ROAD ACCIDENT INJURIES

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.

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 1300 654 329 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 you need to know about TAC claims

04

MAURICE BLACKBURN

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.

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.

05

ROAD ACCIDENT INJURIES

Maurice Blackburn exist to fight for your rights. For what you deserve. When life isn’t

fair we’ll help you to fight for everything you’re entitled to.

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 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.

06

MAURICE BLACKBURN

The patience shown, the expertise that shone through and the ongoing support given was

tremendous.

—Maurice Blackburn Client

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 $1,168.56 for each 1% beyond 10%. If the accident was after 16 December 2004 then the chart on page 10 applies.

08

MAURICE BLACKBURN

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.

Remember

The TAC is a state insurance company. Their interests are not the same as yours.

09

ROAD ACCIDENT INJURIES

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 1800 810 812.

From the very beginning, we fought for the rights of ordinary people. We continue this tradition today.

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) 9613 6222

Words could not express my sincere appreciation for the

remarkable outcome of our case. Your friendly and professional

approach through the long journey will always be remembered with

deep gratitude.

—Maurice Blackburn client

MAURICE BLACKBURN

10

Impairment benefits

Accident – after 16 December 2004

0%-10% $0 33% $45,600 56% $93,690 79% $153,610

11% $7,310 34% $47,580 57% $96,010 80% $158,860

12% $8,660 35% $49,560 58% $98,330 81% $164,140

13% $10,010 36% $51,540 59% $100,650 82% $169,420

14% $11,360 37% $53,520 60% $103,260 83% $174,700

15% $12,710 38% $55,500 61% $105,910 84% $179,980

16% $14,060 39% $57,480 62% $108,560 85% $185,260

17% $15,410 40% $59,460 63% $111,210 86% $190,540

18% $16,760 41% $61,440 64% $113,860 87% $195,820

19% $18,110 42% $63,420 65% $116,510 88% $201,100

20% $19,860 43% $65,400 66% $119,160 89% $206,380

21% $21,840 44% $67,380 67% $121,810 90% $217,120

22% $23,820 45% $69,360 68% $124,460 91% $227,710

23% $25,800 46% $71,340 69% $127,110 92% $238,300

24% $27,780 47% $73,320 70% $129,760 93% $248,890

25% $29,760 48% $75,300 71% $132,410 94% $259,480

26% $31,740 49% $77,280 72% $135,060 95% $270,070

27% $33,720 50% $79,770 73% $137,710 96% $280,660

28% $35,700 51% $82,090 74% $140,360 97% $291,250

29% $37,680 52% $84,410 75% $143,010 98% $301,840

30% $39,660 53% $86,730 76% $145,660 99% $312,430

31% $41,640 54% $89,050 77% $148,310 100% $333,630

32% $43,620 55% $91,370 78% $150,960

Information correct at 1 July 2015. 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.

CONTACT US Road Accident Injuries

Work Related Injuries

Medical Negligence

Asbestos Diseases

Superannuation & Insurance Claims

Public Liability

Faulty Products

Comcare

Will Disputes

Financial Advice Disputes

Employment & Industrial Law

Class Actions

Social Justice

You are welcome to drop into one of our Victorian offices:

Visiting offices

Call us or visit the website for more details:

Bairnsdale Ballarat Bendigo Box Hill Broadmeadows Cranbourne Horsham Kerang Leongatha Lilydale Melton Morwell Oakleigh Pakenham Rosebud Sale Shepparton Swan Hill Sunbury Torquay Warragul Warrnambool Werribee Wodonga

Melbourne (03) 9605 2700 Level 10, 456 Lonsdale St Melbourne VIC 3000

Dandenong (03) 9794 0403 Suite 3, 314-326 Thomas St Dandenong VIC 3175

Frankston (03) 9784 6100 Shop 3 428 Nepean Hwy Frankston VIC 3199

Geelong (03) 5221 1152 122 Yarra St Geelong VIC 3220

Greensborough (03) 9431 7500 85 Grimshaw St Greensborough VIC 3088

Mildura (03) 5018 4000 159 Lime Ave Mildura VIC 3500

Reservoir (03) 9462 2608 301 Spring St Reservoir VIC 3073

Ringwood (03) 9876 8555 41–43 Ringwood St Ringwood VIC 3134

Sunshine (03) 9310 2966 133 Harvester Rd Sunshine VIC 3020

Traralgon (03) 5174 8633 Level 1, 7 Princes Hwy Traralgon VIC 3844

Wangaratta (03) 5720 1500 29 Ely St Wangaratta VIC 3677

If you are considering legal action or want to fight for your rights, get in touch and we can assess what you need or arrange for a meeting with one of our lawyers.

For most practice areas, your first consultation is free.

1800 810 812 (business hours)

mauriceblackburn.com.au

Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 July 2015. 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 14001 Environmental Management System. MB4184_VICRA 08/15