The Transport Accident Commission (TAC) is responsible for medical treatment, loss of wages and lump sum compensation required by any person injured in a transport accident involving a car, motorcycle, bus, train, or tram in Victoria.
What is a TAC claim?
The TAC need three things to accept a claim.
Firstly, they need to know that you were involved in a transport accident. Proof that you were involved in a transport accident might include a police collision report, or if you require a hospital admission. You should also, where possible, obtain the name of any other driver, or the name of any witnesses involved. The TAC may also ask for details of your vehicle repair. If your accident occurred on public transport, you must report your injuries to the relevant transport authority.
Secondly, the TAC will need details of any injuries. For most people this will be obvious, however if your injuries are not as significant or there was a delay in them becoming apparent, you should seek medical treatment at the earliest possible time. The TAC will require details of your injury from your doctor.
Finally, the legislation requires a police report is made. Therefore, if the police did not attend you must go to a police station to report the accident. You can tell the police you are lodging a TAC claim and a report is required by the TAC.
How do I make a TAC claim?
If you go to the hospital after your accident and need to be admitted, the hospital can assist with lodging a TAC claim.
If you lodge a claim with the TAC directly you must do so within 12 months of the date of the accident. A claim can be lodged up to three years after the accident, however the TAC can reject the claim if they do not accept the reasons given for the late lodgement. If the claim is made more than three years after the accident the TAC cannot accept a TAC claim.
A TAC claim can be lodged online at the TAC website or over the phone by calling 1300 654 329. The TAC will send you a claim form to check and sign, which must be witnessed by an appropriate person.
What is the TAC claim process?
Your TAC claim number will be required by the TAC each time you or your treating practitioner make a claim. Once the TAC has accepted your claim you may be entitled to variety of benefits including:
Medical and like services
This covers medical treatment, radiological investigations, rehabilitation, home help, childminding, medications, physical therapies and travel costs to treatment.
Your health professional must provide details to the TAC about what treatment and support you require due to your transport accident injuries. The TAC should pay for any reasonable treatment and services covered under the legislation. The TAC cannot decide what treatment you require; however, they can question if the treatment the health practitioner is recommending is reasonable.
Loss of Earnings/Loss of Earning Capacity benefits if you cannot work
A claim for loss of wages will be assessed by the TAC based on your payslips or tax returns. If you are self-employed the TAC will require substantial information about your earnings. The assessment is known as the Pre-accident Weekly Earnings. You will also need to provide medical certificates from your doctor stating that you are unable to work.
An impairment benefits lump sum
If you are left with a permanent impairment as a result of your transport accident injuries, you may be assessed under Permanent Impairment Guidelines. If all your injuries are determined at more than 10 per cent you will have an entitlement. The TAC currently pays $9,010 for injuries which assess at 11 per cent, with the maximum payment being $411,470.
If your whole person impairment is assessed and the accident was not your fault, you may have a further entitlement. This further claim for pain and suffering and loss of wages can be made if it is agreed you have a suffered a serious injury.
If you or someone close to you have been involved in a transport accident, it is important to obtain legal advice as soon as possible. The TAC team at Redlich’s Work Injury Lawyers are available to help guide you through your TAC claim. Arrange your free initial consultation by contacting our legal team on (03) 9321 9988 or submit and online enquiry today.