Injured in a transport accident?

If your TAC claim is accepted, you may be entitled to various forms of compensation, including: 

• Payment of reasonable medical expenses including hospital, GP, physio, and specialist costs 

• Income support if you are unable to work 

• Lump sum impairment benefit if you have a permanent injury 

• Common law damages for pain and suffering and economic loss if someone else was at fault 

• Support for vocational rehabilitation and return to work 

• Travel and home modification expenses 

To receive weekly loss of earnings benefits from the TAC, you must provide evidence that: 

• You were injured in a transport accident covered by the TAC 

• Your injuries are preventing you from working or have reduced your capacity to work 

• A medical certificate supports your incapacity for work

  
  The TAC will usually require certificates of capacity and regular updates from your treating doctors. 

Up to 18 months (first 18 months after the transport accident)

You must show that you have a total or partial incapacity for work due to your transport accident injuries. This is typically supported by a Certificate of Capacity from your doctor, along with medical records confirming your diagnosis and treatment. 

After 18 months but before 3 years

To continue receiving weekly payments during this period, you must show that: 

• You have not returned to work, and 

• You are continuing to suffer a total loss of earning capacity due to your injuries 

This is a stricter test, and your medical evidence must support that you are genuinely unable to perform any work, not just your pre-injury job. 

After 3 years 

Weekly payments after 3 years are only available if you can show that: 

• You have no current work capacity, and 

• Your incapacity is likely to continue indefinitely 

This is the highest threshold and usually requires detailed, ongoing medical evidence from treating specialists. 

We can help you prepare for each stage of the process, including obtaining updated Certificates of Capacity, gathering specialist reports, and challenging TAC decisions where appropriate. 

To support a successful TAC claim, the following evidence is typically required: 

• A police report or confirmation that the accident was reported to police 

• Medical records showing diagnosis and treatment of injuries 

• Certificates of capacity completed by your GP or treating specialist 

• Employment records or payslips (for income loss claims) 

• Statements from you and witnesses about the accident 

Strong documentation increases the likelihood of your claim being approved and maximises your entitlements. 

Yes. If the TAC has denied or terminated your entitlements, you have the right to dispute the decision under the TAC review process and, if necessary, through the Victorian Civil and Administrative Tribunal (VCAT). 

You generally have 12 months from the date of the decision to lodge a dispute, although this may vary depending on the type of benefit. It is important to act promptly, and we recommend seeking legal advice as early as possible. 

A TAC impairment benefit is a lump sum payment that may be available if your injuries are permanent. It is not based on fault and is determined by the degree of permanent impairment assessed under a medical examination using the AMA Guides. 

You may be eligible for this benefit if your whole person impairment is 11 percent or greater. This is separate from weekly payments or medical expenses. 

At Bastion Legal, we assist clients by: 

1. Reviewing your medical history and injuries 

2. Arranging appropriate medical assessments with specialists 

3. Preparing and lodging the claim with the TAC 

4. Providing advice regarding your impairment score 

5. Handling negotiations or appeals if your rating is disputed 

We aim to maximise your entitlement and make the process straightforward and stress-free. 

A TAC common law claim is a legal claim for damages where another person was at fault for your accident. Unlike impairment benefits, these claims are fault-based. 

To succeed, you must show: 

• You suffered a serious injury; and 

• The accident was caused by someone else’s negligence. 

We will help you obtain a serious injury certificate and gather the necessary evidence to establish fault and damages. 

In a successful TAC common law claim, you may be entitled to: 

• Pain and suffering damages 

• Loss of past and future income 

• Legal costs (in many cases, TAC pays a contribution) 

Each case is different. At Bastion Legal, we will carefully assess your situation and help you pursue your full entitlements.