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Transport Accidents - What benefits can I claim?

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Where you have an accepted TAC compensation claim, the TAC provide a range of “no fault” benefits. These benefits are payable to those injured regardless of whether they cause the accident. Your “no fault” benefits include:

  • loss of earnings/earning capacity benefits;
  • medical and rehabilitation expenses;
  • an Impairment Benefit for permanent injuries suffered.

If you are unable to work as a result of a transport accident you can claim for your loss of earnings and earning capacity benefits. There are two important time periods you need to be aware of:

  • loss of earnings benefits – the first 18 months after the accident;
  • loss of earning capacity benefits – the period 18 months post-accident to 3 years after the accident.

At the expiration of 3 years from the date of accident, your loss of earning capacity benefits will cease unless you have been assessed as suffering a permanent impairment of 50% or more. For more information on permanent impairment claims, please refer to our permanent impairment section. [hyperlink to permanent impairment page].

Loss of earning benefits

For those injured in an accident who were employed or self-employed at the date of the transport accident or had worked in the previous 2 years before the accident, you can claim for loss of earning benefits.

The TAC will pay loss of earning benefits at the rate of 80% of your pre-accident weekly earnings for the first 18 months after your accident.

If you are partially incapacitated for work, the TAC will pay you at the rate of 85% of the difference between your pre-accident weekly earnings and the current wage you are receiving.

To be entitled to loss of earning benefits, you are required to provide and continue to provide the TAC with medical certificates detailing your incapacity to work.

Loss of earning capacity benefits

For the period 18 months post-accident to 3 years after the accident, an injured person can seek benefits for loss of earning capacity.

You will be required to provide the TAC with medical certificates confirming your inability to work.

The TAC will pay loss of earning capacity benefits at the rate of 80% of your pre-accident earning capacity (with a maximum amount payable).

Your medical and rehabilitation expenses

The TAC has an obligation to pay “reasonable” medical and like expenses. There is an initial excess which must be paid prior to the TAC taking responsibility for medical expenses. This medical excess does not apply if you were admitted to hospital post-accident. All accident related accounts should be sent directly to the TAC for payment.

The payment of medical and like expenses continues for as long as needed. However, the TAC will stop or choose not to pay when no progress is evident or when the medical treatment is not providing any clear benefits.

Medical and like benefits include:

  • medical services, e.g. attendance by ambulance at accident scene and transport to hospital;
  • hospital services, e.g. attending the Emergency Department or being admitted to a ward;
  • nursing services, e.g. attendances at home;
  • physiotherapy services;
  • rehabilitation and disability services;
  • travel to and from treatment, a rehabilitation service or an approved programme of disability service;
  • orthopaedic services;
  • swim/gym programmes;
  • funeral expenses;
  • home and vehicle modifications;
  • prosthetic equipment;
  • counselling services;
  • psychiatric services;
  • attendant care services.
Lump sum compensation for permanent injuries suffered

A person injured as a result of a transport accident can claim for lump sum benefits as part compensation for their pain and suffering.

To be entitled to an impairment benefit, you have to meet the following criteria:

  • you have suffered a permanent injury which has stabilised;
  • you have been assessed as suffering a whole person impairment of greater than 10% when assessed with the relevant Guides.

The impairment benefit scheme and lump sum compensation is quite modest. The lump sum payment is paid on a rising scale for each percent greater than 10% (query whether we include the lump sum compensation table as a hyperlink for the public to click onto and direct them).