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Injuries sustained after the transport accident

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Policy

The TAC will only consider a claim for an injury that is sustained after the transport accident, if it is established that the 'subsequent' injury is as a result of the initial injury sustained in the transport accident.

Transport Accident Act 1986 reference: s.3'injury', s.3(3)(c) and s.60(2)(a)'because of the transport accident'

Definition

Subsequent injury - for the purposes of this policy a 'subsequent' injury is an injury that is as a result of the injury or injuries that were originally sustained in the transport accident. There must be a direct connection between the initial injury and the 'subsequent' injury.

An injury is not a 'subsequent' injury if it has been sustained in a subsequent transport accident. For example, if a client sustained a broken leg in a transport accident and subsequently sustained a broken arm in a second transport accident, the broken arm would not be considered a 'subsequent' injury for the purposes of this policy.

Guidelines

What information does the TAC require to determine whether a 'subsequent' injury was directly caused by the initial transport accident injury?

A client will be expected to show that the 'subsequent' injury was as a result of the initial transport accident injury by providing information such as:

  • reports from treating practitioners that confirm a 'subsequent' injury has been sustained and the circumstances in which the 'subsequent' injury occurred; and
  • evidence linking the initial transport accident injury to the 'subsequent' injury; and
  • a report from Ambulance or Police Officers, if they attended; and
  • statements from any witnesses.

The TAC may arrange a medical examination prior to accepting a claim for a 'subsequent' injury.

In what circumstances will the TAC not accept liability for a subsequent injury or condition?

The TAC will not accept liability where the second injury/condition was caused by an intervening event that breaks any connection between the initial injury and the 'subsequent injury'. For example, an intervening event might occur where:

  • a client sustains a leg fracture in a transport accident, and subsequently sustains burn injuries to the same leg after spilling hot coffee; or
  • a client who has a vulnerable hip from a transport accident plays a game of sport and sustains a broken leg after being severely kicked.

What about a clients who is injured while on a TAC funded return to work program?

The TAC has a separate policy for return to work programs.