TAC Claims - Adviceline Injury Lawyers
Permanent Impairment
What is a Permanent Impairment Benefit?
The Transport Accident Scheme provides for the payment of a lump sum, as part compensation for pain and suffering, called a Permanent Impairment Benefit. It is paid regardless of fault or whether the injured person was working at the time of the accident.
The amount payable is determined in accordance with a formula based upon the injured person's level of impairment. The percentage impairment is determined according to the American Medical Association Guides to Evaluation of Permanent Impairment, 4th Edition.
How do I make a claim for the Permanent Impairment Benefit?
A request for an impairment benefit can be made at any time when the injuries are stable. An interim payment can be paid if the injuries are substantially stable, or the injuries are particularly severe. A person's impairment must be assessed within 3 years of the accident, or can be delayed if a person wishes.
Your solicitor requests the TAC to commence the impairment assessment process. A statement is prepared detailing the injuries and any relevant medical history. Medical and treatment information is obtained and appropriate independent medical examinations are arranged. A percentage impairment can then be calculated.
The TAC can agree with the calculation, arrange their own medical examinations or request further information. The assessments are carried out by doctors under the AMA Guides.
The AMA Guides are not generous. Some examples are:
- Loss of vision of one eye 24%
- Loss of sense of smell 5%
- Loss of little finger 5%
- Loss of a foot 25%
This process can take between 3 and 6 months and you will need an experienced lawyer to guide you through the claim process.
Adults are entitled to a payment if they have impairment greater than 10%, in accordance with the Guides.
Where the accident occurred on or after 16 December 2004, an approximate impairment lump sum is paid on a rising scale. The following are indications of the amount paid:
- 11% $6,500
- 20% $18,000
- 50% $75,000
The maximum payable is approximately $300,000. A request for the TAC to assess impairment must be made within 6 years of the accident.
