The impact from a serious injury can have devastating effects and can often change someone’s life for the foreseeable future.
The road to recovery is often long and arduous, compounded by financial stress and feeling overwhelmed by the intricacies of Victoria’s compensation system.
The solution isn’t always straightforward, especially trying to navigate the legal complexities, coupled with the strict limitations for gaining a claim.
Our highly experienced workers compensation lawyers Melbourne at Maxiom can support you through the claims process, protect your rights and achieve the best possible outcome for your case.
We have a deep knowledge and understanding of Victorian laws and can help you claim the compensation you deserve.
How to Know if You’re Entitled to Accident Compensation Claim Payout?
Understanding Accident Compensation Claim Payouts in Victoria
To ensure that those who have sustained serious injuries receive proper care and compensation for their losses, Victoria’s compensation system is designed and set up to provide financial support.
There are certain specific legislations that outline the rights and entitlements of injured individuals.
– Work Injury Compensation Payout
If you’re a worker who’s injured on the job
The Workplace Injury Rehabilitation and Compensation Act 2013 is the main law that governs work related injuries in Victoria.
A thorough framework for compensating employees who have been hurt on the job or have become ill as a result of their employment.
Important aspects of work injury compensation Victoria include :
- Weekly contributions to compensate for lost wages
- Medical and similar costs
- Benefits for impairment resulting from long term injuries
- Work related death benefits for dependants
The WorkSafe Victoria scheme operates on a no fault basis, where employees are entitled to benefits regardless of who caused the accident.
However if an employer was proven at fault, workers may be able to seek additional common law damages in a serious injury claim.
Please see our valuable resource on Serious Injury Claim Payouts Victoria for further information.
– Transport Accident Commission TAC Compensation
If you’ve been in a motor vehicle accident
The Transport Accident Act of 1985 regulates compensation injuries sustained from a motor vehicle through the Transport Accident Commission (TAC) This program offer numerous benefits
- Support services and medical treatment
- Income assistance
- Impairment benefits
- Common law damages for serious injury
The TAC scheme also operates on a no-fault basis, that covers Victorians injured in a transport accident, regardless of who caused the accident.
For more valuable information on road accident compensation, please visit our in-depth website page.
– Total and Permanent Disability (TPD) Payout
Although not directly subject to Victorian state law, TPD claims made through superannuation funds may offer an extra source of compensation.
Usually, federal law legislations and the particular terms of a superannuation policy cover these claims.
TPD claims can offer a lump sum payout to help manage long term financial obligations, they can be especially helpful for those whose illnesses or injury prevents them from going back to work.
You can read further about TPD claims at our valuable resource on: A Guide to TPD Claims
What is an Injury Claim Payout in Victoria?
In Victoria, injury payout compensation is given to people who have sustained severe injuries is known as an injury claim settlement.
These payouts are intended to address both economic and non economic losses, among other aspects of the injuries total impact.
– Types of Serious Injuries Covered by Compensation
Physical Injuries :
The term “serious injury” is not restricted to any particular kind of bodily harm in Victoria. Rather, the emphasis is on how the damage affects a person’s life.
This method enables a more thorough evaluation of a case in every instance.
Common physical injuries that may qualify include:
- Spinal cord injuries
- Traumatic brain injury
- Amputations
- Severe burns
- Fractures that are complex
Psychological Injuries :
Psychological harm can be just as incapacitating as physical harm.
If a person’s life and capacity to work are substantially impacted by mental health issues including; post-traumatic stress disorder (PTSD), severe depression, or anxiety disorder, they may be eligible for serious injury compensation.
Chronic and Long-Term Conditions :
Conditions that have developed over time, like repetitive strain injuries or occupational diseases can also be classified as serious injuries.
This can consist of :
- Respiratory conditions such as asbestosis or silicosis
- Chronic pain syndrome
- Severe musculoskeletal disorders
Factors Affecting Significant Injury Claim Payouts
A fair number of factors will affect the amount of compensation granted in a serious injury claim payout, including the following:
Loss of Income :
This includes the possible loss of future earning potential in addition to past lost wages. The Victorian courts take into account factors such as :
- The persons age and future professional opportunities
- The possibility of career progression
- The injury’s effect on long term employability
Pain and Suffering :
“Non-economic loss” damages are used to compensate for pain and suffering. Both the WorkSafe and TAC schemes have a cap on these damages, with the annual amount being adjusted.
The maximum non-economic loss under the WorkSafe plan for July 1, 2024 fiscal year is $665,580
Making a Claim for a Serious Injury in Victoria
To successfully claim for serious injury in Victoria, a number of crucial components must be proven.
1. Causation
It must be demonstrated that the harm happened during the course of work or as a result of another party’s negligence.
2.The Serious Injury Threshold
In order to get common law damages under Victorian law, claimants must meet the “serious injury” threshold.
This usually requires:
- A whole person impairment of 30% or more : From a medical assessment of your mental or physical condition
- A significant life impact : This is based on how your injury may affect your daily life, which is judged by a test of the law called the “narrative test”
3. Time Limitations
Depending on the type of claim, there are statutory time limits that must be met.
Work Related Injuries (WorkCover Claims)
- Notify your employer : Within 30 days of becoming aware of the injury
- Lodge the WorkCover Claim : As soon as possible
- Common Law Damages Claim : 6 years from the date of your injury
Transport Accident Injuries (TAC) Claims
- Lodge TAC Claim
- If there are valid reasons for the delay, extensions are permitted for a maximum of 3 years
- Common Law Damages Claim: No later than 6 years after the accident
The Transport Accident Commission (TAC) is the relevant authority.
Please note that: Most injury claims go through the Transport Accident Commission (TAC) or WorkSafe Victoria
To manage these intricate criteria and increase the likelihood of a successful claim, it is important to seek legal counsel from our experienced serious injury lawyers Melbourne.
How Much is the Payout for a Serious Injury Claim in Victoria?
Payout amounts for very serious injury cases can differ greatly depending on the particulars of each case.
This compensation covers medical expenses, lost income, pain and suffering, and ongoing care or rehabilitation.
The following ranges provide a guideline only what to expect for different kinds of types of serious injuries claims.
Typical payout ranges include :
- Spinal cord injuries ($300,000-$1,500,000+)
- Amputations ($200,000-$1,000,000)
- Traumatic brain injuries ($500,000-$2,000,000+)
- Severe burns ($100,000-$750,000)
- Fractures and orthopedic injuries ($50,000-$300,000)
- Psychological injuries ($50,000-$500,000)
- Occupational illnesses ($100,000-$500,000+)
- Chronic pain disorders ($75,000-$600,000)
- Vision or hearing loss ($100,000-$800,000)
- Severe organ damage ($250,000-$1,000,000+)
Payout amounts are influenced by a number of factors, such as the level of medical expenses, income loss, pain and suffering and continuing care.
Please see our valuable resource on: Workers Compensation Payout Guide
What Are the Steps I Need to Take to Make a Serious Injury Claim?
Step 1. Prioritise medical treatment :
Obtain comprehensive medical reports from your doctor, which detail the damage and how it has affected your life. A claims outcome can be greatly impacted by specifics of the medical evidence provided.
Step 2. Report the injury :
Give timely notice to the appropriate authority as soon as you can. Notify WorkSafe Victoria and your employer about any injuries sustained on the job.
Step 3. Gather your evidence :
Gather all paperwork, such as bills, and medical records, this can include :
- Tax returns and pay slips to prove income loss
- Statements from witnesses
- Photographs of injuries and accident
Step 4. Seek legal assistance :
Speak with one of our personal injury lawyers at Maxiom, we specialise in the claims process, and are highly experienced regarding cases involving requirements of Victorian law.
We can assess your case, gather legal evidence and deal with insurers or compensation bodies.
Step 5. Lodge your claim :
Lodge your serious injury application on WorkSafe or TAC by submitting it to WorkSafe Victoria or the TAC depending on the specific nature of your injury.
- First lodge an initial claim
- Then if applicable apply for a serious injury certificate to pursue common law damages
Step 6. Attend medical assessments :
Attending medical examinations as requested by the insurer or by court orders, to establish the long term effects of your injury.
These examinations are crucial in determining the extent of your injuries in order to make a claim.
Step 7. Following up your claim :
Make sure you always follow up with your lawyer at Maxiom, it’s important to stay in close communication for the best outcome possible.
Step 8. Negotiating the settlement :
By engaging in negotiations with the help of our lawyers. Many serious injury claims can be resolved through alternative dispute resolution process before reaching court
Step 9. Complete the claim :
Go over the conditions of any settlement offer with one of our lawyers at Maxiom, before accepting it.
It’s important to know that accepting a settlement offer for a serious injury claim in Victoria means waiving your right to any future claims regarding the same injury.
For more information about personal injury claims process please see our article on a “Complete Guide to Personal Injury Claims”
Are There Time Limitations to Make a Claim for a Serious Injury in Victoria?
To safeguard your legal rights and increase your chances of receiving compensation, you should lodge a serious injury claim you need within the strict time limitations, in order to have the best chance of receiving what you deserve.
Workplace Injuries (WorkSafe Victoria Claims)
– Time Limit :
You must notify your employer within 30 days, for your right to claim otherwise this could complicate or delay the process
– Extension :
There is a 6-year time limit to lodge a claim with WorkSafe Victoria, this way workers have enough time to gather evidence and build a strong case.
Road Accident Injuries (TAC Claims)
– Time Limit :
Your claim must be lodged within 12 months of the accident, that way you avoid missing the deadline
– Extension :
For minors under 18, there is a 12 month limitation period beginning on their 18th birthday, which gives extra time to seek compensation in the required time frame.
Public Liability and General Personal Injury Claims
– Time Limit :
Is 3 years from the injury date, requiring timely action for legal proceedings
– Extension :
In some cases where the injury is discovered later there is a 3 year time extension, this gives more flexibility for conditions such as this.
How Maxiom Injury Lawyers Can Help with Serious Injury Claims
Filing a serious injury claim in Victoria and the process of making a final decision might seem difficult.
Our highly experienced lawyers at Maxiom can support you through this process, and the necessary steps involved so you can get the compensation you deserve.
We specialise in :
- Workplace accidents, road injuries, public liability and medical negligence
- Provides expert advice on legal rights and entitlements under Victorian laws.
- Help you build a strong case with compelling evidence
- Will negotiate on your behalf for maximum compensation for the injury
- Represent you in court or at a review of services if necessary
- Work on a no win, no fee basis
- Offer free, no obligation consultations
The best course of action for your claim’s success and outcome, is to get professional legal counsel from our highly trained and expert lawyers. Contact us today for your free consultation.
