What benefits are available if I make a TAC claim in Victoria?

11/04/2019

Benefits resulting from a TAC claim usually include reimbursement or coverage for the costs relating to an injury sustained during a transport incident or accident. We have assembled some basic information relating to TAC benefits here but if you have sustained an injury due to a transport incident in Victoria and require further assistance with your claim, please contact us directly on 1800 21 22 23 or log on to our website for further information at www.gordonlegal.com.au.

What is the TAC and how are they responsible for benefits to an injured person?

The Transport Accident Commission or TAC is the Victorian state government body responsible for managing injury claims from people who have sustained an injury as a result of a motor car, motorcycle, bus, train, tram or pedestrian accident in Victoria. They exist to help you manage any distress and associated costs resulting from a transport accident by issuing benefits to successful claimants.

If you have sustained an injury due to a transport accident, then you may be entitled to receive benefits from the TAC either covering the entirety of your medical costs or, at least, some of the ongoing support you require to help you recover.

Lodging a TAC claim

A person is given 12 months from the date of their injury resulting from a transport accident to lodge a claim for benefits from the TAC. Lodging a claim can be done by directly contacting the TAC on 1300 654 329, which incurs local call costs, or on 1800 332 556, which is a toll-free number for anyone outside the Melbourne metropolitan area.

There are some exceptions to this time limit, however, we recommend that you lodge it within 12 months of the accident if you are able. You may attempt to lodge your claim within 3 years of the accident but it may not be accepted. Any claim made relating to an accident over 3 years ago will not be accepted by the TAC unless you were a child at the time of the incident. In that instance you may have up until you turn 21 to make your claim, regardless of how long ago the incident occurred.

What kind of benefits are offered by the TAC for people who have sustained injuries in a transport accident?

There have been some recent changes in this area that you may not be familiar with. Currently, if you were admitted to hospital as a result of your transport accident, or if your accident occurred after 14th of February 2018, the TAC offer benefits covering all of your reasonable medical and related expenses immediately. This includes your emergency medical treatment and transport.

If you were not admitted to hospital, or if your accident occurred prior to 14th of February 2018, then the benefits offered by the TAC are only applicable after your personal expenses exceed a threshold called the ‘medical excess’. Only then will you qualify for reimbursement or coverage. For more information about this, speak with a legal professional or the TAC directly regarding your individual circumstances.

What are ‘reasonable medical and related services’ expenses?

What constitutes as ‘reasonable medical and related services’ covered by the TAC include hospital and emergency treatment fees, counselling and therapy, medical professional fees such as doctor’s fees, physiotherapy and other rehabilitation services, and even costs related to your need to travel for services or treatment related to your injury. Reimbursement claims require proof of purchase in the form of receipts and invoices within 2 years of the treatment you have received and paid for.

You may also be entitled to benefits relating to a loss of earnings which can include loss of wages, medical expense coverage and a lump sum payment.  There are strict time limits (6 years) in lodging a lump sum claim with the TAC. Therefore, it is essential you speak to one of our lawyers today.

To be entitled to loss of earning payments from the TAC you must provide a Certificate of Capacity. This certificate is obtained by your doctor or treatment provider. The TAC does not pay for the first 5 days you are off work.

For more information visit www.gordonlegal.com.au or call us today on 1800 21 22 23.