No horsing around with TAC compensation
While horses may have been the main cause of road injuries and deaths in the 1800’s, most of the Transport Accident Commission’s (TAC) compensation claims now come from motor vehicles, public transport and road bikes. However, a relaxed weekend horsehide came to a distressing end for Fraser on his local dirt road in country Victoria.
Fraser was out for an afternoon ride with his family one afternoon near his home in rural Victoria. At the end of the ride, he was sitting on his horse at the top of his driveway when an unknown ute drove past. The ute then doubled back and drove past Fraser and his horse at high speed before doing a “burnout” and screeching on the dirt road in front of them. Fraser’s horse reacted and bucked Fraser off the horse and Fraser fell to the ground. The ute drove off.
Fraser’s family called 000 and he was taken to the local hospital with severe back pain. Fraser underwent radiological scans, and was told he had likely fractured his sacral bone which sits at the bottom of the spine. He was told to go home and rest.
A week later, Fraser returned to his doctor complaining of ongoing pain in his lower back. The doctor referred Fraser to an osteopath, and also had a CT scan which revealed multiple spinal disc bulges and nerve root damage.
Fraser was devastated that a seemingly relaxed ride with his family could end in such serious damage to his body. He was now experiencing debilitating ongoing pain. Fraser was an electrician by trade, and his doctor was now advising him that he consider a new career – he was even finding doing basic administrative tasks and sitting down too much to bear.
Beginning the TAC process
Fraser’s doctor recommended that he submit a claim to the TAC, to start the process towards receiving important payments which would be vital for getting his life back on track and getting the crucial treatment he needed. These included rehabilitation, lost earnings, and counselling. The TAC promptly accepted his claim.
Fraser then contacted Gordon Legal for assistance with his TAC claim. A Gordon Legal lawyer met with Fraser, explaining to him that because his injury was still serious 6 months on, and the injury had stabilised, he would likely be eligible for a lump-sum impairment benefit.
Under Australian law, to qualify for an Impairment Benefits Claim for a physical injury, you must be assessed as having suffered a whole person impairment of 10% or more. The impairment assessment process is conducted by a medical specialist. It is very important to ensure that the assessment is conducted fairly.
Gordon Legal offered to act for Fraser on a No Win, No Fee basis. This meant that only in the event that he was successful in claiming his Impairment Benefit would he have to pay an agreed amount to Gordon Legal. Fraser was relieved to have someone taking action on his behalf, so he could focus on his recovery.
Don’t wait: get assistance for your TAC claim
We understand that being involved in a road accident like Fraser’s is extremely traumatic. If you have sustained an injury, an accepted TAC claim will mean you are entitled to claim important compensation for your injury.
If you believe that your claim may fall outside of the period of time the TAC allows for lodging a claim, then there are a few things that you can do. You can either contact the TAC directly or you can seek assistance from our legal team for help navigating your claim form and for further information about the time limits the TAC apply to claims. These can be tricky and complicated so allow yourself to seek further assistance if you are struggling to understand your rights and entitlements.
If you have suffered injury from a road accident, you are entitled to make a motor vehicle accident claim with the TAC. We recommend you seek independent legal advice about your rights and entitlements.
At Gordon Legal, our TAC lawyers can help you navigate your rights and any compensation you are entitled to claim. As with any complicated process, TAC claims can seem overwhelming. When you are already managing the stress and discomfort of an injury, you do not need additional financial and bureaucratic stresses potentially impeding your rest and recovery. Always seek clear and helpful legal advice if you believe that you need it.
Our TAC lawyers understand the human toll road accidents have, not only on those involved but the ripple effects on their families and the wider community. For us every case is personal and you come first. Read our FAQs about TAC claims in Victoria, or contact Gordon Legal today to speak with one of our friendly and experienced road accident lawyers on 1300 58 46 26.
*In order to preserve the privacy of our clients we have changed the names of persons involved.