Impairment benefits overview

The TAC can assess children under the age of 18 for impairment when it has been 18 months since the transport accident.

If the minor is assessed with an impairment of 11% or more, we can pay a weekly benefit to the parent or guardian. We can pay this from 18 months after the transport accident, until the child turns 18 years old.

This is a ‘Minors Additional Benefit’. The benefit can be reassessed during this period if the child’s condition changes or improves.

Impairment is:

• a permanent physical condition, or
• a permanent psychological condition caused by your transport accident injuries.

Injuries which may lead to permanent impairment include:

• brain injury
• fused joint
• spinal cord injury
• restricted shoulder movement
• a psychological condition which is permanent.

Injuries that would not usually lead to permanent impairment include:

• broken bones that heal after treatment
• whiplash or muscle strain that gets better
• pain and suffering caused by an injury.

The TAC may ask you to attend an independent medical examination. This is to assess your injuries for function and range of motion, which is measured against the normal range of most people.

Each injury will receive a percentage rating based on your level of impairment. The medical examiner will report this rating to the TAC.

For more information on attending an independent impairment examination, including how long they can take and what to expect, visit our medical examinations page.

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An impairment benefit is a one-off lump sum payment available to you if you have a permanent physical or psychological condition caused by your transport accident. The payment is made if you have an impairment assessed at 11% or more. This payment is to compensate you for a permanent loss of function.

Common law compensation is also known as ‘common law damages’ and is a payment that recognises the long-term impact an accident has on your life. The compensation is for loss of past and/or future earnings, and pain and suffering. Common law compensation is paid by the TAC on behalf of the person, party or organisation who is at fault in the accident.

There is no legal requirement to engage a lawyer for the TAC to consider your entitlement to an impairment benefit. If you do choose to engage a lawyer, the TAC recommends choosing a law firm that specialises in TAC claims and operates within the impairment protocols.

The medical examinations are arranged with independent doctors who are specially trained in how to assess impairment. The doctors use guidelines that are prescribed by law to assess your injuries. You may be asked to attend a number of different medical examinations as each doctor specialises in a different field. For this reason, you are unable to use your own doctor.

An impairment benefit does not affect other TAC benefits. It is made in addition to the benefits and payments you receive from the TAC, such as medical services, income support and common law damages.

We encourage you to contact your local Centrelink office to check what effect your lump-sum compensation payment may have on your ability to receive future Centrelink payments.

An impairment benefit is paid to you by the TAC as compensation for loss of an asset. This means it is capital in nature and is not taxable.

We can consider paying an interim payment if your permanent impairment is likely to be at least 30%; or your injuries are stable, or substantially stable, and your permanent impairment is likely to be 11% or more. Please contact your impairment benefit coordinator, or if represented, your solicitor if you believe you may be eligible.

If you disagree with the decision, there are three ways you can have it reviewed:

1) Ask the TAC for an informal review.

2) If you have legal representation, speak to your lawyer about the dispute resolution agreement between the TAC, the Law Institute of Victoria (LIV) and the Australian Lawyers Alliance (ALA).

3) Request a review of the decision by the Victorian Civil and Administrative Tribunal (VCAT).

We can pay for the reasonable costs of travel and accommodation for you to attend your medical examination(s). If you are represented by a solicitor, please discuss your requirements with them, otherwise a written request can be submitted to the TAC for consideration.

In most instances, we can arrange your travel and accommodation and be billed directly for these services. It is important to note the following:

• Some expenses are not covered, including the cost of the mini bar, phone calls or in-house movies.
• The hotel may request a credit card transaction or a deposit from you to cover any of these costs and this will be refunded at the completion of your stay if none of the facilities have been used.
• The hotel may request that you present your photo identification before you can check in.

For any urgent queries relating to your upcoming travel or accommodation, please call the Impairment Support Hotline on 03 5225 6140. You will need to provide your TAC claim number, return phone number and a brief description of why you are calling. We will return your call as a priority within one business day, between the hours of 8.30am to 5:00pm.