What are my entitlements?

No two claims are the same, and the amount of compensation claimable varies according to the severity of the injury and the effect that it has had on your life.

Some benefits do not apply when the injured person is convicted of serious driving offences such as culpable driving, unlicensed driving and exceeding 0.05% blood alcohol limit.

Where a person was injured during work, a claim should be lodged with WorkCover.

To discuss your injury and find out more about your entitlements, call and speak directly to one of our expert injury lawyers on (03) 9321 9988.  Your first appointment is free and we offer a ‘No Win, No Fee’ service.

You may be entitled to the following TAC ‘no-fault’ benefits:

Weekly payments

If you are unable to work because of your accident injuries, you can receive weekly income benefits.  Payments are calculated at 80% of your pre-injury weekly earnings.

Reasonable medical and like expenses

  • Ambulance and hospital expenses
  • Doctors and other medical attendances
  • Medications and aides
  • Rehabilitation costs (including counselling and household assistance)
  • Other related disability assistance.

Lump sum compensation

You may be entitled to lump sum compensation if you are left with a permanent impairment because of your injury or illness.

How this benefit is calculated is dependent on your assessed level of impairment.  This benefit does not impact on your entitlement to weekly payments, medical and like expenses, or to sue for further compensation.

The right to sue

Some accidents are caused by someone’s fault or negligence.  If you have suffered a ‘serious injury’ as defined by the scheme, you can sue to receive compensation for:

  1. Pain and suffering you have endured and will continue to suffer, and your loss of enjoyment of life;
  2. Compensation for wages and superannuation lost because you have been unable to work, and/or are unable to work into the future.

Suing for further compensation does not affect your right to medical and associated benefits.

Can I dispute a decision about my entitlements?

If your claim is rejected or if an incorrect decision is made, for example refusing to pay for a medical service, and you want to dispute that decision, we can assist you.

If we are unable to resolve the dispute by talking to the TAC, we can assist you to lodge an application to VCAT where an independent person can decide if the decision was fair and reasonable.

Feel free to call Michael Lombard or one of our TAC division injury experts on (03) 9321 9988.


Go Back