Your TAC payout may include one or more benefits to compensate you for loss of income. The most common benefit is income support, which generally pays 80% of your gross weekly income if your transport accident injuries keep you from working for more than 5 days.
But what if you have no capacity for work as a result of your injuries from a transport accident? In this scenario, you may be entitled to additional compensation. A specialist lawyer can assess your claim and determine all of the benefits and other compensation you deserve.
Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our lawyers handle TAC claims on behalf of clients in Melbourne and throughout VIC.
How Is Work Capacity Determined?
When claiming income support and other benefits for loss of earnings, the TAC requires a Certificate of Capacity. This document must be completed by one of the following authorised medical practitioners.
- A doctor or surgeon
- A physiotherapist
- An osteopath
- A chiropractor
- An occupational therapist
- A dentist
- An optometrist
- A podiatrist
The Certificate of Capacity assesses the claimant’s injuries according to accepted standards and determines what (if any) capacity the claimant has for work. If it is determined that you meet the criteria, the TAC will pay income support.
For you to continue receiving payments, a medical practitioner will need to send a new Certificate of Capacity to the TAC every 2 weeks (the benefit is available for up to 18 months). If you are able to return to work in some capacity, you may be eligible for partial income support until you resume the working hours you held prior to the road accident.
What Other Benefits Does the TAC Pay If I Can’t Work?
Ideally, you will make a full recovery from your injuries, get back to work, and return to your normal life in due time. But what if your work capacity continues to be impacted by the accident, or you are not expected to be able to return to work in the future? If you are facing either of these situations, it is important to speak to a knowledgeable TAC lawyer as soon as possible.
A TAC payout may include additional benefits and other compensation for clients who are unable to work following a transport accident:
Loss of Earnings Capacity (LOEC)
Your entitlement to loss of earnings capacity benefits is assessed 18 months following the accident that led to your injuries. The LOEC benefit is calculated as the difference between your earning capacity prior to the accident (‘pre-accident earning capacity’) and your earning capacity following the transport accident.
If you are completely unable to work 18 months after the accident, you may be entitled to LOEC benefits totalling 80% or more of your pre-accident earnings (subject to the statutory maximum), with additional payments if you have one or more dependants. Benefits are paid for up to 18 months (i.e., up to 3 years from the date of the accident).
Your entitlement to LOEC benefits may continue past 18 months if it is determined that your transport accident injury constitutes impairment to the whole person of 50% or more, resulting in continued incapacity for work. Eligibility will be reviewed once every 5 years.
Safety Net Income Benefit
The safety net income benefit (also known as SNIB) is another form of income support provided by the TAC. You may be eligible if one of the following applies:
- You have a ‘severe injury’ as defined by the TAC resulting in a 50% impairment rating,
- You are terminated from your job due to issues outside of your control.
SNIB payments are calculated as 80% of (a) your average weekly earnings before the accident, or (b) your average weekly earnings prior to termination—whichever is greater. As with LOEC benefits, the statutory maximum applies.
A one-time lump sum payment for permanent impairment may be included in your TAC payout if an injury or injuries from the road accident have resulted in permanent impairment of 11% or more. Injuries must be considered stable and te assessed by one or more independent medical practitioners trained in the TAC’s procedure for determining permanent impairment.
The impairment benefit is not specifically intended to compensate clients for loss of income. However, given that permanent impairment can affect work capacity, it is important to explore your entitlement; the lump sum payment can help offset the income you lose as a result of the road accident.
Common Law Personal Injury Compensation
If someone else (such as another driver) caused the accident and you sustained what the TAC considers a ‘serious injury’, you can lodge a claim for additional compensation. Common law damages include lost earnings to date and the loss of future earnings, as well as pain and suffering.
Maximise Your TAC Payout
Benefits and other compensation from the TAC should fairly compensate you for losses following a road accident. If you have no current work capacity, the TAC payout will ideally make up for a portion of the wages you lose from being unable to work (among other losses).
Unfortunately, the TAC does not always provide clients with the fair compensation they deserve. If your claim for income support and other benefits has been denied or your compensation is suddenly terminated, contact Henry Carus + Associates for FREE today.
Henry Carus + Associates offer a one-of-a-kind Medical + Like Services Guarantee to all clients of the TAC. If your claim is rejected or your benefits are in dispute, our lawyers will seek to resolve the matter on your behalf at NO COST to you.