Who is TAC Victoria?
The Transport Accident Commission (TAC) is the Victorian government body responsible for providing benefits to those are injured as a result of car, motorcycle, bus, train or tram incidents.
Individuals who have been injured as a result of the above can make a claim for benefits. A TAC claim is a ‘no fault’ claim and is similar to an insurance scheme. The TAC is the direct point of contact for payment of benefits and is responsible for making decisions in relation to the claim.
If you have been injured, even if you are at fault, you should consider lodging a TAC claim if you would like to claim benefits.
What can I claim from the TAC?
If you have an accepted TAC claim, you can claim the following:
Medical and like expenses
The TAC will pay for all reasonable medical and associated expenses in relation to your injury. This can include the cost of treatment as well as travel and/or taxi expenses.
Some forms of treatment are automatically funded, however, in some cases and for particular types of treatment, your practitioners must write to the TAC and request approval for funding.
Loss of earnings/loss of earning capacity benefits
If you were an earner as at the date of your injury and cannot work as a result of the accident, the TAC may pay 80% of your pre-injury earnings from the first five working days after your accident. These payments go for the first 18 months from your date of injury and are referred to as loss of earnings benefits.
If you are unable to work from the 18 month mark onwards, you are entitled to payments called loss of earning capacity benefits. These payments usually stop at 3 years.
Whether or not you can work is determined by your treating practitioners. You must obtain Certificates of Capacity (which are issued by your practitioners) and submit them to the TAC for payment.
Impairment benefit claim
If you have sustained a permanent injury as a result of the accident, you may be entitled to lump sum compensation in the form of an impairment benefit claim. An impairment benefit claim is a no-fault claim and relies on medical assessments by one or more independent medical specialists.
Your injuries must be considered stable to conduct this claim. This means that you must have completed any substantial medical treatment you have intended to, as well as recover from this treatment.
If you are assessed as having 11% or more whole person impairment according to the guidelines, you are entitled to receive compensation.
What can’t I claim from TAC?
The TAC cannot pay for the costs associated with property damage, including damage to your vehicle, towing expenses or vehicle storage. It also cannot pay for damage to items such as clothing or mobile phones. It can, however, pay for replacement or repair of damaged glasses or dentures arising from the accident.
It is important to note that the TAC will not fund treatment or services that are unreasonable or unrelated to your injuries. The TAC also will not fund treatment that has been obtained outside of Australia or provided by unregistered or unqualified persons.
It is essential that you make timely application for reimbursement for your accident-related expenses. You have two years from the date of the expense incurring to make the claim for payment.
If the TAC makes a decision you disagree with, you are able to dispute the matter with the TAC.
If you or a loved one have suffered an injury as result of a transport accident, it is important to get legal advice early. To arrange your free initial consultation, contact our legal team on (03) 9321 9988 or submit an online enquiry today.