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'
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.
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.