1 MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / TAC VICTORIA
2 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.
3 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. What you need to know about TAC claims 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 nofault payments including: medical and hospital expenses rehabilitation expenses nursing and disability services expenses arising from a death, and lump sum payments. You must contact the TAC on 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. attendant care post acute support services wages substitution
4 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. 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. 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.
5 05 ROAD ACCIDENT INJURIES Can I claim for lost wages? 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. 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.
6 06 MAURICE BLACKBURN 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, for each 1% beyond 10%. If the accident was after 16 December 2004 then the chart on page 10 applies. The patience shown, the expertise that shone through and the ongoing support given was tremendous. Maurice Blackburn Client
8 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 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. 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.
9 09 ROAD ACCIDENT INJURIES Complaints Protecting your rights is our business If you are unhappy with the TAC s conduct you can complain to: At Maurice Blackburn, we are committed to getting a fair outcome for our clients so you can get on with your life without disadvantage. The Ombudsman for Victoria 22nd Floor, 459 Collins Street Melbourne 3000 (03) 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 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 From the very beginning, we fought for the rights of ordinary people. We continue this tradition today.
11 CONTACT US 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 (business hours) mauriceblackburn.com.au Road Accident Injuries Work Related Injuries Medical Negligence Asbestos Diseases Superannuation & Insurance Claims Public Liability Faulty Products Comcare Will Disputes Employment & Industrial Law Class Actions Social Justice You are welcome to drop into one of our Victorian offices: Melbourne (03) Level 10, 456 Lonsdale St Melbourne VIC 3000 Dandenong (03) Suite 3, Thomas St Dandenong VIC 3175 Frankston (03) Shop Nepean Hwy Frankston VIC 3199 Geelong (03) Yarra St Geelong VIC 3220 Greensborough (03) Grimshaw St Greensborough VIC 3088 Mildura (03) Lime Ave Mildura VIC 3500 Reservoir (03) Spring St Reservoir VIC 3073 Ringwood (03) Ringwood St Ringwood VIC 3134 Sunshine (03) Hampshire Rd Sunshine VIC 3020 Traralgon (03) Level 1, 7 Princes Hwy Traralgon VIC 3844 Wangaratta (03) Ely St Wangaratta VIC 3677 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 Warragul Warrnambool Werribee Wodonga
12 Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 July 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 Environmental Management System. MB4184_VICRA 07/14
MAURICE BLACKBURN LAWYERS WORKCOVER 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
MAURICE BLACKBURN LAWYERS PUBLIC LIABILITY & FAULTY PRODUCTS 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
MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES ACT 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.
MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family
MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn
MAURICE BLACKBURN LAWYERS SUPERANNUATION & DISABILITY INSURANCE INCOME PROTECTION 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your
MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION NSW 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.
MAURICE BLACKBURN LAWYERS MEDICAL NEGLIGENCE NSW 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.
MAURICE BLACKBURN LAWYERS MEDICAL NEGLIGENCE ACT 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.
MAURICE BLACKBURN LAWYERS MEDICAL NEGLIGENCE SOUTH AUSTRALIA 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
MAURICE BLACKBURN LAWYERS WORKCOVER SOUTH AUSTRALIA 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.
MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION ACT 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.
MAURICE BLACKBURN LAWYERS PUBLIC LIABILITY & FAULTY PRODUCTS SOUTH AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family
SUPERANNUATION & DISABILITY INSURANCE Disability benefits FIGHT BACK THROUGH MAURICE BLACKBURN When you ve been hurt, injured or suffered loss, it s easy to feel powerless in the face of big organisations
MAURICE BLACKBURN LAWYERS WILL DISPUTES 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
MAURICE BLACKBURN LAWYERS WILL DISPUTES 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are facing an unfair situation, you and your family shouldn t have to suffer. That s why we never stand back
MAURICE BLACKBURN LAWYERS COMCARE 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
VICTORIAN TRANSPORT ACCIDENT CLAIMS - A GUIDE TO YOUR ENTITLEMENTS This guide includes the following: What is a transport accident? Who is the TAC? How do I make a claim? When will I know if my claim has
LAWYERS New South Wales & Victoria Transport Accident Commission (TAC) Claims FREQUENTLY ASKED QUESTIONS What is a transport accident? A transport accident is an incident directly caused by a motor car
CASH CONVERTERS Class Action Cash Converters class actions Two class actions have been launched in the Federal Court of Australia by Maurice Blackburn Lawyers seeking compensation for Cash Converters customers
Attachment C 1. Workers Compensation Schemes 1.1 Australian Capital Territory 1.2 New South Wales 1.3 Northern Territory 1.4 Queensland 1.5 South Australia 1.6 Tasmania 1.7 Victoria 1.8 Western Australia
Join us, you won t look back We don t like to brag, but we re pretty proud of being Australia s largest membership-based cycling organisation. For over 35 years we ve been supporting our members with some
Frequently asked questions about Residential Tenancy disputes (July 2013) What types of applications can the Residential Tenancies List hear? The Residential Tenancies List can hear cases under the Residential
MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways
Motor Vehicle Accidents Crash!!! Oh no, now what? It is often hard to know what to do if you are involved in a motor vehicle accident. What rights and responsibilities do you have? And what actions, if
Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal
WORKPLACE COMPENSATION CLAIM SUCCESS THE 6 MOST COMMON MISTAKES PEOPLE MAKE What you need to know to make sure you have a successful workers compensation claim At Garling & Co we have dealt with thousands
WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS The Work Health & Safety Unit has responsibility for the management of workers compensation claims and the rehabilitation of injured employees.
Steps to take after a TAC accident Henry Carus + Associates 1 YOU DESERVE MORE Contents 4 Introduction 6 6 basic steps to follow 7 Report your accident DISCLAIMER WARNING THIS GUIDE CONTAINS GENERAL ADVICE
Motor Accidents Compensation About MAC, the benefits and how to claim Information is current as at February 2012 Contact Us Phone: 1300 301 833, then choose Option 3 Monday to Friday: 8.30am 5.00pm Email:
June 2015 Going to a Mental Health Tribunal hearing Includes: information about compulsory treatment and treatment orders information about Mental Health Tribunal hearings worksheets to help you represent
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
understanding your household workers insurance policy A guide to your policy cover and conditions HHWPG August 2014 contents About WorkCover Queensland 3 About your household workers insurance policy 3
Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely
Working for business Getting to know ACC An overview of ACC for employers and the self-employed ACC provides 24/7, no-fault personal injury cover for everyone in New Zealand. This includes a comprehensive
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
TAC information for employers Working together TAC Employer Incentive Package Returning to work A About the TAC The TAC is a Victorian Government-owned organisation whose role is to pay for treatment and
MAURICE BLACKBURN LAWYERS ASBESTOS DISEASES 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
Military Claims INJURY & NEGLIGENCE SPECIALISTS Injury & Negligence They got the result I wanted, which made what was a difficult time much better for me and my family. *Steve (Merseyside) WELCOME TO PANNONE
Your Guide to Recovery PERSONAL INJURY LAWYERS Committed to Your Future We will: Ensure all necessary notices are provided to maintain your claim and commence the action within the limitation period. Work
Workers guide to workers compensation Guide www.worksafe.nt.gov.au Disclaimer This publication contains information regarding workers rehabilitation and compensation. It includes some of your obligations
You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing
Understand Your Pay and Working Conditions as a Paul Gilbert Assistant Secretary Australian Nursing and Midwifery Federation (Victorian Branch) Award Annual Leave Personal Leave Long Service Leave Parental
Superannuation And Insurance For People With Blood Cancer (SOUTH AUSTRALIAN EDITION) Prepared by John Berrill John Berrill Maurice Blackburn Lawyers Level 10, 456 Lonsdale Street, Melbourne Phone: 1800
A guide for people injured in a motor vehicle crash. This guide has been designed to help people who have been injured in a motor vehicle crash and who may be able to make a claim for personal injury compensation.
Your Rights Under the Missouri Workers Compensation Law All states have workers compensation laws. The Missouri Workers Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri.
Benefits Guide Information for the Injured Worker The purpose of this benefits guide is to help you learn what to expect if you ever need workers compensation benefits. Recovering from a work injury can
Key Workers Compensation Information, Australia 2011 Disclaimer The information provided in this document can only assist you in the most general way. This document does not replace any statutory requirements
Personal Injury Claim Information Guide A step-by-step guide to your Compulsory Third Party (CTP) insurance claim Compulsory Third Party (CTP) Personal Injury Claim. Your recovery is important to us If
Personal Injury Compensation Claiming Compensation for Accidents What you should do when making a claim 1. Seek medical advice as soon as possible. 2. Obtain a written report from your doctor, physiotherapist,
A Guide to applying for and enforcing Compensation for Victims of Crime in the County Court. Introduction This brochure explains how and when a victim of an offence can make a claim for compensation through
Personal Injury Claim Information Guide A step-by-step guide to your Compulsory Third Party (CTP) insurance claim AAI Limited ABN 48 005 297 807 trading as Suncorp Insurance Compulsory Third Party (CTP)
Key Workers Compensation Information, Australia 2010 Key Workers Compensation Information, Australia 2010 Visit www.safeworkaustralia.gov.au for more information Commonwealth of Australia 2010 ISBN 978
understanding your workplace personal injury insurance policy A guide to your policy cover and conditions WPIIPG September 2013 contents About WorkCover Queensland 3 About your workplace personal injury
Personal Injury Claim Pack A guide to your compulsory third party (CTP) insurance claim Contents Snapshot of the CTP claims process... 2 Prior to lodging your claim... 2 Lodgement of your claim... 3 Processing
Compensation kit What you need to know humanservices.gov.au 2 Compensation kit Contents What you need to know...4 Compensation and social security law: an overview...5 What is compensation?...5 What Centrelink
New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the
Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury
GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing
Motor Accidents Compensation Medical, Hospital and Rehabilitation Benefits Information is current as at February 2012 Medical, Hospital and Rehabilitation Benefits TIO will pay for medical treatment and
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
Returning to work Current from 1 July 2014 A Working together Your role The most important person in your return to work is you. A large part of recovering from your accident and getting on with your life
Benefits of investing with VicSuper FutureSaver VicSuper FutureSaver Member Guide Date prepared 1 July 2015 The information in this document forms part of the VicSuper FutureSaver Product Disclosure Statement
1 WE RE HERE FOR YOU Expert local personal injury advice. 2 A guide to help you We know that an injury can cause a wide range of problems, more than just coping with your pain and discomfort. We re here
Janis Veldwyk At the end of the workshop participants should: Be more familiar with the Workplace Injury Rehabilitation and Compensation Act 2013 Know Employer and employee obligations with relation to
TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since
GUIDELINES FOR CLAIMS FOR COMPENSATION FOLLOWING THE DEATH OF A WORKER Release Date: 1 July 2014 Contact Person: Greta Madsen Contact Number: 03 9641 1830 Effective Date: 1 July 2014 1 Contents PREAMBLE...
WORKERS COMPENSATION & YOUR RIGHTS 655 Florida Grove Road Mailing Address P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7600 GILL & CHAMAS Raymond A. Gill, Jr.* Peter Chamas* James Pagliuca Michael J. Hanus
Workers compensation benefits guide October 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under some
A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
Many people with cancer have concerns about superannuation. This fact sheet explains how to access your superannuation and insurance benefits from your fund. Finding all of your superannuation It s common
Superannuation And Insurance For People With Huntington s Disease (WESTERN AUSTRALIAN EDITION) Prepared by Phil Gleeson Phil Gleeson Maurice Blackburn Lawyers Unit 1, 328 Carrington Street, Hamilton Hill
Fee Schedule for non-contracted providers Hearing services Effective as at 1 July 2009, WorkSafe Victoria (WorkSafe) will pay up to a maximum amount for the following categories of the service. Amounts