Transport Accident Claims

Who can make a TAC claim? 

If you have been injured in a transport accident in Victoria or in a vehicle that was registered in Victoria, you may be able to make a claim with the Transport Accident Commission (“the TAC”) even if the accident was your fault.

A transport accident includes accidents involving a motor vehicle such as a car, truck or motorcycle as well as buses, trains and trams.

If you were a pedestrian or cyclist who was injured by the driving of a motor vehicle you can also make a claim.

If you were a cyclist who collided with a stationary motor vehicle on or after 9 July 2014 you can also make a claim.

If you are not sure if you have a claim, please contact us to discuss your individual circumstances.

How to make a TAC claim

You can make a TAC claim online using the online lodgement form or you can call the TAC on 1300 654 329 to lodge a claim over the phone.

You will need to provide details to the TAC such as:

·         your personal details

·         the date and place of your transport accident and how it happened

·         details of your injuries and any medical treatment you have already received

·         employment details if you wish to claim

Timeframe to make a TAC claim

You have 12 months from the date of the accident, or the date your injury became evident, to lodge a claim with the TAC. 

The TAC may accept a claim lodged after 12 months as long as it was lodged within 3 years of the transport accident and the TAC accepts that there were reasonable grounds for the delay.

If the police did not attend the scene of the accident, you need to report the accident to the police before you can lodge your claim with the TAC.

If your accident was on public transport, such as a tram or train, you must report the accident to the operator (such as Yarra Trams, Metro Trains, the bus company)

If you are not sure if you have a claim, or need assistance in lodging your claim, please contact us to discuss your individual circumstances. 

What can a TAC claim cover? 

Once the TAC has accepted your claim you may be entitled to some or all of the following benefits:

Medical and like expenses

The reasonable costs for medical treatment for the injuries that were caused by the          transport accident. This can include:

• consultations with your general practitioner and specialists,

• hospital costs,

• psychiatry and psychology treatment,

• pharmacy expenses,

• allied health treatments including physiotherapy, osteopathy, chiropody, dietician                              services

• equipment and aids required for your injuries

•  home services and gardening services

•  travel expenses to and from medical appointments

Income support benefits

Income support benefits can include Loss of Earning and/or Loss and Earning Capacity benefits.

Income support benefits may be payable if you are unable to work because of your transport accident for 5 or more work days.  

The TAC is also able to assist you in returning to work with your employer if you were employed at the time of your accident.

Lump sum claims

Lump sum claims which may include an impairment benefit claim and/or a common law claim.

Impairment benefit claims

Depending upon the severity of your injury you may also be eligible to claim a lump sum impairment benefit.  An impairment benefit claim can be made once your injuries have “stabilised” and 3 months have passed since your accident but must be made within 6 years of the transport accident.

The amount that you may be entitled to in your impairment claim is dependent upon how your injuries are assessed by specially trained and qualified medical examiners and is based upon the “whole person impairment” percentage assigned to your injuries.  The table of payments is available on the TAC’s webpage.

Common law claims

A common law claim may be made for lump sum compensation if someone else was, at least partially, at fault in causing your injuries. You must also have suffered a “serious” injury as a result of the accident.

What constitutes a “serious injury” depends upon your individual circumstances so you should speak to a lawyer who specialises in TAC claims as soon as possible to discuss your specific situation.

A common law claim can involve compensation for the pain and suffering you have experienced as a result of your injuries, and loss of income or potential income if your ability to work has been affected by your injuries.   The amount you may be eligible for depends upon your individual circumstances.

What can I do if I am unhappy with a decision the TAC has made?

If the TAC has made a decision that you are unhappy with, you may be able to dispute the decision.  If you receive a decision from the TAC that you disagree with, you should seek legal advice as soon as possible as there are strict timeframes within which you can dispute the decision.

Workplace Injury claims

Who can make a WorkCover claim?

If you are injured at work then you may have a WorkCover claim.  WorkCover claims are managed by the Victorian WorkSafe Authority and their agents.  

 All employers are required to have workers compensation insurance for their employees.  The WorkCover scheme covers:

·         Fulltime and part time employees

·         Permanent and casual employees

·         Self employed workers

·         People deemed to be workers which can include contractors

How to make a WorkCover claim

Your health is the most important thing, and you should seek treatment as soon as possible after suffering an injury.  If you are unable to return to work, you should ask your doctor about a Certificate of Capacity (WorkCover medical certificate).

You should inform your employer as soon as you can after being injured at work.  If you are able, you should also complete an incident report form.

You should then complete a Workcover claim form which is available on WorkSafe’s webpage and submit it to your employer.  You can give a copy of the claim form to your employer in person, by email or by post.  This should be done as soon as you are able after being injured.

You will need to provide details on the claim form such as:

·         your personal details

·         the time and date that your injury occurred, including if it occurred over a period of time

·         details of your injuries and any medical treatment you have already received

·         your employment details

What can a WorkCover claim cover?

Types of injury that can be covered by a WorkCover claim include:

·         Injuries suffered at work, as a result of work duties or during work duties

·         Diseases caused by work

·         Pre-existing condition or diseases aggravated by your work

·         Injuries suffered when travelling to/from work or as part of your work duties

Once WorkCover has accepted your claim you may be entitled to some or all of the following benefits:

Medical and like expenses

The reasonable costs of medical treatment for the injuries that were sustained in the course of your employment. This can include:

·         consultations with your general practitioner and specialists

·         hospital costs,

·         psychiatry and psychology treatment,

·         pharmacy expenses,

·         allied health treatments including physiotherapy, osteopathy, chiropody, dietician services

·         equipment and aids required for your injuries

·          home services and gardening services

·          travel expenses to and from medical appointments

Weekly payments

You may be entitled to receive weekly payments if you are unable to work because of your work related injuries.

WorkCover is also able to help you in returning to work with your employer.

Lump sum claims

Lump sum claims which may include an impairment benefit claim and/or a common law claim.

Impairment benefit claims

Depending upon the severity of your injury you may also be eligible to claim a lump sum impairment benefit.  An impairment benefit claim can be made once your injuries have “stabilised” and more than 12 months have passed since your injury.

The amount that you may be entitled to in your impairment claim is dependent upon how your injuries are assessed by specially trained and qualified medical examiners and is based upon the “whole person impairment” percentage assigned to your injuries.  The table of payments is available on WorkSafe’s webpage.

Common law claims

A common law claim may be made for lump sum compensation if someone else was, at least partially, at fault in causing your injuries. You must also have suffered a “serious” injury as a result of the incident that resulted in your injury.

What constitutes a “serious injury” depends upon your individual circumstances so you should speak to a lawyer who specialises in WorkCover claims as soon as possible to discuss your specific situation.

A common law claim can involve compensation for the pain and suffering you have experienced as a result of your injuries, and loss of income or potential income if your ability to work has been affected by your injuries.   The amount you may be eligible for depends upon your individual circumstances.

What can I do if I am unhappy with a decision made by the WorkCover insurer?

If the WorkCover insurer has made a decision that you are unhappy with, you may be able to dispute the decision.  If you receive a decision from the insurer that you disagree with, you should seek legal advice as soon as possible as there are strict timeframes within which you can dispute the decision.