Impairment benefits

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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 benefits for minors

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

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

Understanding the term 'impairment'

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.

Understanding the term 'impairment'

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.

How impairment is measured

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.

How impairment is measured

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.

Impairment case studies

Impairment case studies

Find out more about our Impairment Assessment Protocols

Frequently asked questions

What is the difference between an impairment benefit and common law damages?

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.

What is the difference between an impairment benefit and common law damages?

Do I need a lawyer?

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.

Do I need a lawyer?

Who conducts the medical examinations and can I use my own doctor?

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.

Who conducts the medical examinations and can I use my own doctor?

Does an impairment payment affect my other TAC benefits?

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.

Does an impairment payment affect my other TAC benefits?

Does the impairment payment affect Centrelink benefits?

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.

Does the impairment payment affect Centrelink benefits?

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.

Do I need to pay tax on my impairment benefit?

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.

Do I need to pay tax on my impairment benefit?

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.

Can I access a payment before my impairment has been finalised?

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.

Can I access a payment before my impairment has been finalised?

What if I am not happy with the decision?

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).

What if I am not happy with the decision?

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).

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

Before the TAC can make a decision about impairment, your injuries must be considered stable according to your health providers, and unlikely to change over time. The assessment process can take time, in some cases up to 18 months. This is because:

you may need to attend more than one examination
there may be waiting time to see a medical specialist for a specific injury

it may take some time for the TAC to receive all relevant medical information needed to make a decision, or
your injuries are not stable and are expected to change over time.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Find out more about our Impairment Assessment Protocols

Step 2 – Getting information

You will be assigned a TAC impairment benefit coordinator who will manage the process. They will gather information about your injuries, treatment and progress from doctors or hospitals that have treated you.

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 3 – Attending medical examinations

Your medical examination will be conducted by a doctor who has undertaken government-approved training to conduct impairment assessments. We may ask you to attend multiple medical examinations as each doctor specialises in a different field.

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

Your medical examination will be different to a visit to your family doctor or medical specialist. Most examinations are clinical assessments of your injuries. This means the doctor may not ask you certain questions about your injuries.

You can continue to talk to your regular doctor about your injuries.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 4 – How we assess your impairment

The TAC uses reports from the medical examiners to calculate your impairment rating. We combine the impairment percentages from each injury to arrive at a total score. We use a prescribed mathematical formula to do this.

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

Adults assessed as having an impairment of 11% or more will receive a one-off lump sum payment. For example, if you receive an impairment rating of 15% you will receive a payment of $16,270*. A full list of impairment payments can be found in the Payments tab.

*Impairment benefits are updated each year on 1 July.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 5 – Making the payment

If your total impairment is assessed at 11% or more, your impairment benefit coordinator will confirm how much we can pay. This payment will be made to you via Electronic Funds Transfer (EFT) into your nominated bank account.

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Policy

The TAC will pay impairment benefits to a client assessed as having a degree of permanent impairment of 11% or more.

Transport Accident Act 1986 reference: s.46A, s.47 and s.48

Further information related to this policy:

Issues Affecting Impairment Benefits
Joint Medical Examinations policy
Accidents before 1 September 2003
Accidents between 1 September 2003 and 15 December 2004
Accidents on and after 16 December 2004
Multiple Accidents before 16 December 2004
Multiple Accidents before and after 16 December 2004
Clients with a 28 Percent or a 29 Percent Impairment
Clients with a 48 Percent or a 49 Percent Impairment
Clients Turning 18 Years of Age
Minors entitlement

Guidelines

What is an impairment benefit?

An impairment benefit is a payment made to a client to compensate him/her for permanent impairment which results from transport accident injuries.

What impairment benefits are available?

The type of impairment benefit and the amount of the impairment benefit a client can receive is set out in the Transport Accident Act 1986 (the Act) and is dependent on the date of the accident.

Depending on the date of the accident, a client may be eligible for the following payments:

A lump sum impairment benefit and weekly annuity benefits (applies to accidents before 16 December 2004). Refer to the Impairment Payments for Accidents Prior to 16 December 2004 scale
A lump sum impairment benefit (applies to accidents on or after 16 December 2004). Refer to the Impairment Payments for Accidents on or after 16 December 2004 scale.

How is a client's permanent impairment assessed?

The Act requires the TAC to use the Guides to the Evaluation of Permanent Impairment, second or fourth edition (depending on when the accident occurs) to determine a client's permanent impairment.

The TAC may ask the client to attend an independent impairment examination in order to be assessed. The independent medical assessor submits a medical report to the TAC which provides an opinion as to whether the injuries are stable, substantially stable or not stable. The report also assists the TAC to determine the client's level of permanent impairment. The assessment will be expressed as a percentage impairment of the whole person. On occasion the TAC will use the medical report(s) provided by a client or a client's legal practitioner without needing to obtain an additional independent assessment.

When are injuries considered to be stable, not stable or substantially stable?

Injuries are considered 'stable', when they are not expected to improve or deteriorate markedly over time with or without treatment. A further assessment of the injuries is not required.
Injuries are considered 'not stable', when the prognosis is unknown. A further assessment of the injuries is required after further treatment and time has passed.
Injuries are considered 'substantially stable', when slight improvement or deterioration is expected. A further assessment of the injuries may or may not be required.

Who is eligible for impairment benefits?

A client with a degree of permanent impairment of 11% or more is entitled to impairment benefits, provided he/she is not convicted of an offence referred to under 'Who is not eligible for impairment benefits?'
The TAC is only obliged to determine a client's degree of permanent impairment which results from transport accident injuries if a client appears to be or is likely to be entitled to impairment benefits.
Where it appears that a client is unlikely to have a degree of permanent impairment of 11% or more, the TAC is not required to determine a client's degree of impairment. However, if a client requests to be assessed he/she will be asked to submit up to date medical reports which indicate that he/she is likely to have a permanent impairment of at least 11%.
Where a client is visiting from overseas and is involved in a transport accident, refer to 'Issues Affecting Impairment Benefits' for further information on entitlement.

Who is not eligible for impairment benefits?

Drivers who are convicted

Impairment benefits are not payable if a driver is:

convicted of driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle
convicted of driving or being in charge of a motor vehicle while the concentration of alcohol present in his or her blood or breath was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of exhaled air, as the case requires
convicted of refusing to undergo a preliminary breath or blood test or accompany the police officer to a police station
convicted of refusing or failing to comply with a request or signal to stop a motor vehicle and remain stopped at a preliminary breath testing station
convicted of refusing to comply with a request to go to a police station, public building, a booze bus, or a police car to furnish a sample of blood or breath
convicted of hindering or obstructing a doctor from taking a blood sample of any other person involved in the accident
convicted of culpable driving under the Crimes Act (1958). This is a reference to driving that causes the death of another person by driving a motor vehicle recklessly, negligently or while under the influence of drugs or alcohol, to the extent of being incapable of having proper control of the vehicle.

For all accidents on or after 20 October 2010

Impairment benefits are also not payable if a driver is convicted of:

dangerous driving causing death, (this is a reference to the driving of a motor vehicle at a speed or in a manner that is dangerous to the public that causes the death of another person). s.319(1) Crimes Act 1958
driving a motor vehicle or in charge of a motor vehicle while impaired by a drug. s.49(ba) Road Safety Act 1986
refusing to undergo an assessment of drug impairment in accordance with section 55A of the Road Safety Act when required to do so or refusing to comply with any other requirement made under section 55A(1) of the Road Safety Act 1986. s.49(ca) Road Safety Act 1986
refusing to comply with a request for a blood and urine sample. s.49(ea) of the Road Safety Act 1986
refusing to provide a sample of oral fluid. s.49(eb) of the Road Safety Act 1986

For all accidents on or after 1 August 2015

Impairment benefits are also not payable if a driver is convicted of:

Driving or being in charge of a motor vehicle while both:
- the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in the person's blood or breath; and
- the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in the person's blood or oral fluid. s.49(1)(bc) Road Safety Act 1986
A person has had a sample of blood taken from him or her within 3 hours after driving or being in charge of a vehicle and -
1. the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
2. a prescribed illicit drug was present in that sample in any concentration. s.49(1)(j) Road Safety Act 1986

And the level of concentration of alcohol in the person's blood was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of expelled air, as the case requires.

For all accidents on or after 2 March 2017

Impairment benefits are also not payable if a driver is convicted of:

an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death. Victorian Government Gazette G9 dated 2 March 2017

For all accidents on or after 6 July 2022

Impairment benefits are also not payable to a person convicted of:

murder, manslaughter or child homicide (section 5A of the Crimes Act) involving the use of a motor vehicle at the time of the accident.

Some of the exclusions involving alcohol or illicit drugs above can be disregarded by the TAC, if it can be proven that the alcohol/drug in no way contributed to the accident. For example, a vehicle is legally parked by the side of the road and is hit by another vehicle. If the driver of the parked vehicle has a blood alcohol reading as above, he/she would not be excluded from receiving impairment benefits.

Excluding the offence of culpable driving under the Crimes Act (1958), a driver convicted of the offences listed above may include a person who is said to be in charge of a motor vehicle by reason of sitting beside a driver who is the holder of a learner permit. An impairment benefit will not be paid in circumstances where a person in charge of a vehicle is convicted of one of these offences.

Drivers with charges pending

The TAC may withhold a client's impairment benefit payment, where a charge-sheet charging one of the above listed charges has been filed, or if it appears to the TAC that a charge-sheet will be filed within the limitation period.
The limitation period is the time the police have to file a charge-sheet, or 2 years, whichever is the shorter.
If a charge-sheet is filed within the limitation period, the TAC will withhold the payment until the charge is heard or withdrawn.
If a charge-sheet is not filed within the limitation period, the TAC will withhold the payment only until the limitation period expires.
The TAC may also withhold an impairment benefit payment, even if, a charge-sheet is filed after the client has already attended an impairment exam.

Where the TAC has not made an impairment determination for a client, how long does a client have to request an impairment determination?

For accidents that occurred on or after 19 October 2010

A client or their legal representative can apply to the TAC for an impairment determination within the period of six years from:

the date of the accident;
the date on which an injury resulting from a transport accident first manifests itself;

If the client was a minor, six years from the date of the client’s 18th birthday.

Section 46A(1A) of the Transport Accident Act 1986

If the period of six years referred to above has lapsed, and if the TAC within that period:

has not advised the person that they appear likely to be entitled to an impairment benefit; and
has not been asked to carry out an impairment assessment

then the TAC is to be taken to have made a determination that the degree of impairment is 0%.

Given the factors that need to be considered, the TAC strongly recommends a client, or their legal representative, contact the TAC before a 0% determination is taken to have been made.

For accidents that occurred on 29 November 2000 up to 18 October 2010

If the TAC has not made an impairment determination, a client has 6 years from the date of the accident or when the injury first manifests to apply to the TAC for a determination. Under the Act, strict time limits apply for a client to lodge a request for impairment benefits, as follows:

A client who has an existing claim for compensation with the TAC as of 29 November 2000 has 6 years from that date to request an impairment determination.
A client who has an accident on and after 29 November 2000 has 6 years from the date of the accident or when the injury first manifests, to request an impairment determination.
A client who was a "minor" on 28/11/2000 has 6 years from the day he/she attains the age of 18 years, to request an impairment determination.

For accidents that occurred prior to 29 November 2000

There was no six year time limit prior to 29 November 2000 in regards to impairment benefits.

For any enquires relating to the 6 year legislation please contact the Impairment Branch at impairment@tac.vic.gov.au or call the TAC on 1300 654 239.

Who is a minor?

Under the Act a person who has not attained the age of 18 years after the date of the accident and is not an "earner" under the Act is considered a "Minor". Refer to the Loss of Earnings Benefits policy for the definition of an "earner" and to the Minors Entitlement policy.

Can the TAC pay for impairment reports that are submitted by a client or a client's legal practitioner more than 2 years after the date of service?

The TAC is unable to pay for the cost of impairment reports submitted by a client or a client's legal practitioner when the "application for payment" is made 2 years after the date that the expense was incurred, except where the request for payment is made within 3 years of the transport accident. In some circumstances the TAC can consider paying for these reports outside this time limit. Refer to the Time Limit to Apply for the Payment of Medical and Like Expenses policy.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Overview

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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

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

Impairment benefits for minors

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

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

Understanding the term 'impairment'

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.

Understanding the term 'impairment'

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.

How impairment is measured

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.

How impairment is measured

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.

Impairment case studies

Impairment case studies

Find out more about our Impairment Assessment Protocols

Frequently asked questions

What is the difference between an impairment benefit and common law damages?

Do I need a lawyer?

Who conducts the medical examinations and can I use my own doctor?

Does an impairment payment affect my other TAC benefits?

Does the impairment payment affect Centrelink benefits?

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.

Does the impairment payment affect Centrelink benefits?

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.

Do I need to pay tax on my impairment benefit?

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.

Do I need to pay tax on my impairment benefit?

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.

Can I access a payment before my impairment has been finalised?

What if I am not happy with the decision?

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).

What if I am not happy with the decision?

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).

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

Impairment process

you may need to attend more than one examination
there may be waiting time to see a medical specialist for a specific injury

it may take some time for the TAC to receive all relevant medical information needed to make a decision, or
your injuries are not stable and are expected to change over time.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Find out more about our Impairment Assessment Protocols

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Policy

The TAC will pay impairment benefits to a client assessed as having a degree of permanent impairment of 11% or more.

Transport Accident Act 1986 reference: s.46A, s.47 and s.48

Further information related to this policy:

Guidelines

What is an impairment benefit?

An impairment benefit is a payment made to a client to compensate him/her for permanent impairment which results from transport accident injuries.

What impairment benefits are available?

The type of impairment benefit and the amount of the impairment benefit a client can receive is set out in the Transport Accident Act 1986 (the Act) and is dependent on the date of the accident.

Depending on the date of the accident, a client may be eligible for the following payments:

A lump sum impairment benefit and weekly annuity benefits (applies to accidents before 16 December 2004). Refer to the Impairment Payments for Accidents Prior to 16 December 2004 scale
A lump sum impairment benefit (applies to accidents on or after 16 December 2004). Refer to the Impairment Payments for Accidents on or after 16 December 2004 scale.

How is a client's permanent impairment assessed?

The Act requires the TAC to use the Guides to the Evaluation of Permanent Impairment, second or fourth edition (depending on when the accident occurs) to determine a client's permanent impairment.

When are injuries considered to be stable, not stable or substantially stable?

Injuries are considered 'stable', when they are not expected to improve or deteriorate markedly over time with or without treatment. A further assessment of the injuries is not required.
Injuries are considered 'not stable', when the prognosis is unknown. A further assessment of the injuries is required after further treatment and time has passed.
Injuries are considered 'substantially stable', when slight improvement or deterioration is expected. A further assessment of the injuries may or may not be required.

Who is eligible for impairment benefits?

A client with a degree of permanent impairment of 11% or more is entitled to impairment benefits, provided he/she is not convicted of an offence referred to under 'Who is not eligible for impairment benefits?'
The TAC is only obliged to determine a client's degree of permanent impairment which results from transport accident injuries if a client appears to be or is likely to be entitled to impairment benefits.
Where it appears that a client is unlikely to have a degree of permanent impairment of 11% or more, the TAC is not required to determine a client's degree of impairment. However, if a client requests to be assessed he/she will be asked to submit up to date medical reports which indicate that he/she is likely to have a permanent impairment of at least 11%.
Where a client is visiting from overseas and is involved in a transport accident, refer to 'Issues Affecting Impairment Benefits' for further information on entitlement.

Who is not eligible for impairment benefits?

Drivers who are convicted

Impairment benefits are not payable if a driver is:

convicted of driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle
convicted of driving or being in charge of a motor vehicle while the concentration of alcohol present in his or her blood or breath was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of exhaled air, as the case requires
convicted of refusing to undergo a preliminary breath or blood test or accompany the police officer to a police station
convicted of refusing or failing to comply with a request or signal to stop a motor vehicle and remain stopped at a preliminary breath testing station
convicted of refusing to comply with a request to go to a police station, public building, a booze bus, or a police car to furnish a sample of blood or breath
convicted of hindering or obstructing a doctor from taking a blood sample of any other person involved in the accident
convicted of culpable driving under the Crimes Act (1958). This is a reference to driving that causes the death of another person by driving a motor vehicle recklessly, negligently or while under the influence of drugs or alcohol, to the extent of being incapable of having proper control of the vehicle.

For all accidents on or after 20 October 2010

Impairment benefits are also not payable if a driver is convicted of:

dangerous driving causing death, (this is a reference to the driving of a motor vehicle at a speed or in a manner that is dangerous to the public that causes the death of another person). s.319(1) Crimes Act 1958
driving a motor vehicle or in charge of a motor vehicle while impaired by a drug. s.49(ba) Road Safety Act 1986
refusing to undergo an assessment of drug impairment in accordance with section 55A of the Road Safety Act when required to do so or refusing to comply with any other requirement made under section 55A(1) of the Road Safety Act 1986. s.49(ca) Road Safety Act 1986
refusing to comply with a request for a blood and urine sample. s.49(ea) of the Road Safety Act 1986
refusing to provide a sample of oral fluid. s.49(eb) of the Road Safety Act 1986

For all accidents on or after 1 August 2015

Impairment benefits are also not payable if a driver is convicted of:

Driving or being in charge of a motor vehicle while both:
- the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in the person's blood or breath; and
- the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in the person's blood or oral fluid. s.49(1)(bc) Road Safety Act 1986
A person has had a sample of blood taken from him or her within 3 hours after driving or being in charge of a vehicle and -
1. the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
2. a prescribed illicit drug was present in that sample in any concentration. s.49(1)(j) Road Safety Act 1986

For all accidents on or after 2 March 2017

Impairment benefits are also not payable if a driver is convicted of:

an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death. Victorian Government Gazette G9 dated 2 March 2017

For all accidents on or after 6 July 2022

Impairment benefits are also not payable to a person convicted of:

murder, manslaughter or child homicide (section 5A of the Crimes Act) involving the use of a motor vehicle at the time of the accident.

Drivers with charges pending

The TAC may withhold a client's impairment benefit payment, where a charge-sheet charging one of the above listed charges has been filed, or if it appears to the TAC that a charge-sheet will be filed within the limitation period.
The limitation period is the time the police have to file a charge-sheet, or 2 years, whichever is the shorter.
If a charge-sheet is filed within the limitation period, the TAC will withhold the payment until the charge is heard or withdrawn.
If a charge-sheet is not filed within the limitation period, the TAC will withhold the payment only until the limitation period expires.
The TAC may also withhold an impairment benefit payment, even if, a charge-sheet is filed after the client has already attended an impairment exam.

Where the TAC has not made an impairment determination for a client, how long does a client have to request an impairment determination?

For accidents that occurred on or after 19 October 2010

A client or their legal representative can apply to the TAC for an impairment determination within the period of six years from:

the date of the accident;
the date on which an injury resulting from a transport accident first manifests itself;

If the client was a minor, six years from the date of the client’s 18th birthday.

Section 46A(1A) of the Transport Accident Act 1986

If the period of six years referred to above has lapsed, and if the TAC within that period:

has not advised the person that they appear likely to be entitled to an impairment benefit; and
has not been asked to carry out an impairment assessment

then the TAC is to be taken to have made a determination that the degree of impairment is 0%.

Given the factors that need to be considered, the TAC strongly recommends a client, or their legal representative, contact the TAC before a 0% determination is taken to have been made.

For accidents that occurred on 29 November 2000 up to 18 October 2010

A client who has an existing claim for compensation with the TAC as of 29 November 2000 has 6 years from that date to request an impairment determination.
A client who has an accident on and after 29 November 2000 has 6 years from the date of the accident or when the injury first manifests, to request an impairment determination.
A client who was a "minor" on 28/11/2000 has 6 years from the day he/she attains the age of 18 years, to request an impairment determination.

For accidents that occurred prior to 29 November 2000

There was no six year time limit prior to 29 November 2000 in regards to impairment benefits.

For any enquires relating to the 6 year legislation please contact the Impairment Branch at impairment@tac.vic.gov.au or call the TAC on 1300 654 239.

Who is a minor?

Can the TAC pay for impairment reports that are submitted by a client or a client's legal practitioner more than 2 years after the date of service?

Payments

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Overview

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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

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

Understanding the term 'impairment'

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.

How impairment is measured

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.

Impairment case studies

Find out more about our Impairment Assessment Protocols

Frequently asked questions

What is the difference between an impairment benefit and common law damages?

Do I need a lawyer?

Who conducts the medical examinations and can I use my own doctor?

Does an impairment payment affect my other TAC benefits?

Does the impairment payment affect Centrelink benefits?

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.

Do I need to pay tax on my impairment benefit?

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.

Can I access a payment before my impairment has been finalised?

What if I am not happy with the decision?

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).

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

Impairment process

you may need to attend more than one examination
there may be waiting time to see a medical specialist for a specific injury

it may take some time for the TAC to receive all relevant medical information needed to make a decision, or
your injuries are not stable and are expected to change over time.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Policy

The TAC will pay impairment benefits to a client assessed as having a degree of permanent impairment of 11% or more.

Transport Accident Act 1986 reference: s.46A, s.47 and s.48

Further information related to this policy:

Guidelines

What is an impairment benefit?

An impairment benefit is a payment made to a client to compensate him/her for permanent impairment which results from transport accident injuries.

What impairment benefits are available?

The type of impairment benefit and the amount of the impairment benefit a client can receive is set out in the Transport Accident Act 1986 (the Act) and is dependent on the date of the accident.

Depending on the date of the accident, a client may be eligible for the following payments:

A lump sum impairment benefit and weekly annuity benefits (applies to accidents before 16 December 2004). Refer to the Impairment Payments for Accidents Prior to 16 December 2004 scale
A lump sum impairment benefit (applies to accidents on or after 16 December 2004). Refer to the Impairment Payments for Accidents on or after 16 December 2004 scale.

How is a client's permanent impairment assessed?

The Act requires the TAC to use the Guides to the Evaluation of Permanent Impairment, second or fourth edition (depending on when the accident occurs) to determine a client's permanent impairment.

When are injuries considered to be stable, not stable or substantially stable?

Injuries are considered 'stable', when they are not expected to improve or deteriorate markedly over time with or without treatment. A further assessment of the injuries is not required.
Injuries are considered 'not stable', when the prognosis is unknown. A further assessment of the injuries is required after further treatment and time has passed.
Injuries are considered 'substantially stable', when slight improvement or deterioration is expected. A further assessment of the injuries may or may not be required.

Who is eligible for impairment benefits?

A client with a degree of permanent impairment of 11% or more is entitled to impairment benefits, provided he/she is not convicted of an offence referred to under 'Who is not eligible for impairment benefits?'
The TAC is only obliged to determine a client's degree of permanent impairment which results from transport accident injuries if a client appears to be or is likely to be entitled to impairment benefits.
Where it appears that a client is unlikely to have a degree of permanent impairment of 11% or more, the TAC is not required to determine a client's degree of impairment. However, if a client requests to be assessed he/she will be asked to submit up to date medical reports which indicate that he/she is likely to have a permanent impairment of at least 11%.
Where a client is visiting from overseas and is involved in a transport accident, refer to 'Issues Affecting Impairment Benefits' for further information on entitlement.

Who is not eligible for impairment benefits?

Drivers who are convicted

Impairment benefits are not payable if a driver is:

convicted of driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle
convicted of driving or being in charge of a motor vehicle while the concentration of alcohol present in his or her blood or breath was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of exhaled air, as the case requires
convicted of refusing to undergo a preliminary breath or blood test or accompany the police officer to a police station
convicted of refusing or failing to comply with a request or signal to stop a motor vehicle and remain stopped at a preliminary breath testing station
convicted of refusing to comply with a request to go to a police station, public building, a booze bus, or a police car to furnish a sample of blood or breath
convicted of hindering or obstructing a doctor from taking a blood sample of any other person involved in the accident
convicted of culpable driving under the Crimes Act (1958). This is a reference to driving that causes the death of another person by driving a motor vehicle recklessly, negligently or while under the influence of drugs or alcohol, to the extent of being incapable of having proper control of the vehicle.

For all accidents on or after 20 October 2010

Impairment benefits are also not payable if a driver is convicted of:

dangerous driving causing death, (this is a reference to the driving of a motor vehicle at a speed or in a manner that is dangerous to the public that causes the death of another person). s.319(1) Crimes Act 1958
driving a motor vehicle or in charge of a motor vehicle while impaired by a drug. s.49(ba) Road Safety Act 1986
refusing to undergo an assessment of drug impairment in accordance with section 55A of the Road Safety Act when required to do so or refusing to comply with any other requirement made under section 55A(1) of the Road Safety Act 1986. s.49(ca) Road Safety Act 1986
refusing to comply with a request for a blood and urine sample. s.49(ea) of the Road Safety Act 1986
refusing to provide a sample of oral fluid. s.49(eb) of the Road Safety Act 1986

For all accidents on or after 1 August 2015

Impairment benefits are also not payable if a driver is convicted of:

Driving or being in charge of a motor vehicle while both:
- the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in the person's blood or breath; and
- the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in the person's blood or oral fluid. s.49(1)(bc) Road Safety Act 1986
A person has had a sample of blood taken from him or her within 3 hours after driving or being in charge of a vehicle and -
1. the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
2. a prescribed illicit drug was present in that sample in any concentration. s.49(1)(j) Road Safety Act 1986

For all accidents on or after 2 March 2017

Impairment benefits are also not payable if a driver is convicted of:

an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death. Victorian Government Gazette G9 dated 2 March 2017

For all accidents on or after 6 July 2022

Impairment benefits are also not payable to a person convicted of:

murder, manslaughter or child homicide (section 5A of the Crimes Act) involving the use of a motor vehicle at the time of the accident.

Drivers with charges pending

The TAC may withhold a client's impairment benefit payment, where a charge-sheet charging one of the above listed charges has been filed, or if it appears to the TAC that a charge-sheet will be filed within the limitation period.
The limitation period is the time the police have to file a charge-sheet, or 2 years, whichever is the shorter.
If a charge-sheet is filed within the limitation period, the TAC will withhold the payment until the charge is heard or withdrawn.
If a charge-sheet is not filed within the limitation period, the TAC will withhold the payment only until the limitation period expires.
The TAC may also withhold an impairment benefit payment, even if, a charge-sheet is filed after the client has already attended an impairment exam.

Where the TAC has not made an impairment determination for a client, how long does a client have to request an impairment determination?

For accidents that occurred on or after 19 October 2010

A client or their legal representative can apply to the TAC for an impairment determination within the period of six years from:

the date of the accident;
the date on which an injury resulting from a transport accident first manifests itself;

If the client was a minor, six years from the date of the client’s 18th birthday.

Section 46A(1A) of the Transport Accident Act 1986

If the period of six years referred to above has lapsed, and if the TAC within that period:

has not advised the person that they appear likely to be entitled to an impairment benefit; and
has not been asked to carry out an impairment assessment

then the TAC is to be taken to have made a determination that the degree of impairment is 0%.

Given the factors that need to be considered, the TAC strongly recommends a client, or their legal representative, contact the TAC before a 0% determination is taken to have been made.

For accidents that occurred on 29 November 2000 up to 18 October 2010

A client who has an existing claim for compensation with the TAC as of 29 November 2000 has 6 years from that date to request an impairment determination.
A client who has an accident on and after 29 November 2000 has 6 years from the date of the accident or when the injury first manifests, to request an impairment determination.
A client who was a "minor" on 28/11/2000 has 6 years from the day he/she attains the age of 18 years, to request an impairment determination.

For accidents that occurred prior to 29 November 2000

There was no six year time limit prior to 29 November 2000 in regards to impairment benefits.

For any enquires relating to the 6 year legislation please contact the Impairment Branch at impairment@tac.vic.gov.au or call the TAC on 1300 654 239.

Who is a minor?

Can the TAC pay for impairment reports that are submitted by a client or a client's legal practitioner more than 2 years after the date of service?

Payments

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

What we can and can't pay for

Policies

Income support for employees

Income support for self-employed people

TAC leave reimbursements

TAC client pay dates

Return to work support for TAC clients

Return to work information for employers

Return to work information for providers

Common law compensation

Impairment benefits

Transport Accident Act Protocols

Support for family members

How we make decisions

Telehealth

Ways to manage your recovery

Hospital discharge checklist (webpage)

Return to work support for TAC clients

Return to work information for employers

Return to work information for providers

Physical health services

Support for grief and loss

Get immediate mental health support

Support for trauma

Support for social isolation

Pain management

Medication

MyPlan

Restorative justice

Complaints and compliments

TAC surveys

Informal review

Dispute Resolution

VCAT application for review

Do you need to speak to us about the quality or safety of a TAC funded service?

Impairment benefits

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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

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

Understanding the term 'impairment'

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.

How impairment is measured

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.

Impairment case studies

Find out more about our Impairment Assessment Protocols

Frequently asked questions

What is the difference between an impairment benefit and common law damages?

Do I need a lawyer?

Who conducts the medical examinations and can I use my own doctor?

Does an impairment payment affect my other TAC benefits?

Does the impairment payment affect Centrelink benefits?

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.

Do I need to pay tax on my impairment benefit?

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.

Can I access a payment before my impairment has been finalised?

What if I am not happy with the decision?

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).

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

you may need to attend more than one examination
there may be waiting time to see a medical specialist for a specific injury

it may take some time for the TAC to receive all relevant medical information needed to make a decision, or
your injuries are not stable and are expected to change over time.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Policy

The TAC will pay impairment benefits to a client assessed as having a degree of permanent impairment of 11% or more.

Transport Accident Act 1986 reference: s.46A, s.47 and s.48

Further information related to this policy:

Guidelines

What is an impairment benefit?

An impairment benefit is a payment made to a client to compensate him/her for permanent impairment which results from transport accident injuries.

What impairment benefits are available?

The type of impairment benefit and the amount of the impairment benefit a client can receive is set out in the Transport Accident Act 1986 (the Act) and is dependent on the date of the accident.

Depending on the date of the accident, a client may be eligible for the following payments:

A lump sum impairment benefit and weekly annuity benefits (applies to accidents before 16 December 2004). Refer to the Impairment Payments for Accidents Prior to 16 December 2004 scale
A lump sum impairment benefit (applies to accidents on or after 16 December 2004). Refer to the Impairment Payments for Accidents on or after 16 December 2004 scale.

How is a client's permanent impairment assessed?

The Act requires the TAC to use the Guides to the Evaluation of Permanent Impairment, second or fourth edition (depending on when the accident occurs) to determine a client's permanent impairment.

When are injuries considered to be stable, not stable or substantially stable?

Injuries are considered 'stable', when they are not expected to improve or deteriorate markedly over time with or without treatment. A further assessment of the injuries is not required.
Injuries are considered 'not stable', when the prognosis is unknown. A further assessment of the injuries is required after further treatment and time has passed.
Injuries are considered 'substantially stable', when slight improvement or deterioration is expected. A further assessment of the injuries may or may not be required.

Who is eligible for impairment benefits?

A client with a degree of permanent impairment of 11% or more is entitled to impairment benefits, provided he/she is not convicted of an offence referred to under 'Who is not eligible for impairment benefits?'
The TAC is only obliged to determine a client's degree of permanent impairment which results from transport accident injuries if a client appears to be or is likely to be entitled to impairment benefits.
Where it appears that a client is unlikely to have a degree of permanent impairment of 11% or more, the TAC is not required to determine a client's degree of impairment. However, if a client requests to be assessed he/she will be asked to submit up to date medical reports which indicate that he/she is likely to have a permanent impairment of at least 11%.
Where a client is visiting from overseas and is involved in a transport accident, refer to 'Issues Affecting Impairment Benefits' for further information on entitlement.

Who is not eligible for impairment benefits?

Drivers who are convicted

Impairment benefits are not payable if a driver is:

convicted of driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle
convicted of driving or being in charge of a motor vehicle while the concentration of alcohol present in his or her blood or breath was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of exhaled air, as the case requires
convicted of refusing to undergo a preliminary breath or blood test or accompany the police officer to a police station
convicted of refusing or failing to comply with a request or signal to stop a motor vehicle and remain stopped at a preliminary breath testing station
convicted of refusing to comply with a request to go to a police station, public building, a booze bus, or a police car to furnish a sample of blood or breath
convicted of hindering or obstructing a doctor from taking a blood sample of any other person involved in the accident
convicted of culpable driving under the Crimes Act (1958). This is a reference to driving that causes the death of another person by driving a motor vehicle recklessly, negligently or while under the influence of drugs or alcohol, to the extent of being incapable of having proper control of the vehicle.

For all accidents on or after 20 October 2010

Impairment benefits are also not payable if a driver is convicted of:

dangerous driving causing death, (this is a reference to the driving of a motor vehicle at a speed or in a manner that is dangerous to the public that causes the death of another person). s.319(1) Crimes Act 1958
driving a motor vehicle or in charge of a motor vehicle while impaired by a drug. s.49(ba) Road Safety Act 1986
refusing to undergo an assessment of drug impairment in accordance with section 55A of the Road Safety Act when required to do so or refusing to comply with any other requirement made under section 55A(1) of the Road Safety Act 1986. s.49(ca) Road Safety Act 1986
refusing to comply with a request for a blood and urine sample. s.49(ea) of the Road Safety Act 1986
refusing to provide a sample of oral fluid. s.49(eb) of the Road Safety Act 1986

For all accidents on or after 1 August 2015

Impairment benefits are also not payable if a driver is convicted of:

Driving or being in charge of a motor vehicle while both:
- the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in the person's blood or breath; and
- the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in the person's blood or oral fluid. s.49(1)(bc) Road Safety Act 1986
A person has had a sample of blood taken from him or her within 3 hours after driving or being in charge of a vehicle and -
1. the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
2. a prescribed illicit drug was present in that sample in any concentration. s.49(1)(j) Road Safety Act 1986

For all accidents on or after 2 March 2017

Impairment benefits are also not payable if a driver is convicted of:

an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death. Victorian Government Gazette G9 dated 2 March 2017

For all accidents on or after 6 July 2022

Impairment benefits are also not payable to a person convicted of:

murder, manslaughter or child homicide (section 5A of the Crimes Act) involving the use of a motor vehicle at the time of the accident.

Drivers with charges pending

The TAC may withhold a client's impairment benefit payment, where a charge-sheet charging one of the above listed charges has been filed, or if it appears to the TAC that a charge-sheet will be filed within the limitation period.
The limitation period is the time the police have to file a charge-sheet, or 2 years, whichever is the shorter.
If a charge-sheet is filed within the limitation period, the TAC will withhold the payment until the charge is heard or withdrawn.
If a charge-sheet is not filed within the limitation period, the TAC will withhold the payment only until the limitation period expires.
The TAC may also withhold an impairment benefit payment, even if, a charge-sheet is filed after the client has already attended an impairment exam.

Where the TAC has not made an impairment determination for a client, how long does a client have to request an impairment determination?

For accidents that occurred on or after 19 October 2010

A client or their legal representative can apply to the TAC for an impairment determination within the period of six years from:

the date of the accident;
the date on which an injury resulting from a transport accident first manifests itself;

If the client was a minor, six years from the date of the client’s 18th birthday.

Section 46A(1A) of the Transport Accident Act 1986

If the period of six years referred to above has lapsed, and if the TAC within that period:

has not advised the person that they appear likely to be entitled to an impairment benefit; and
has not been asked to carry out an impairment assessment

then the TAC is to be taken to have made a determination that the degree of impairment is 0%.

Given the factors that need to be considered, the TAC strongly recommends a client, or their legal representative, contact the TAC before a 0% determination is taken to have been made.

For accidents that occurred on 29 November 2000 up to 18 October 2010

A client who has an existing claim for compensation with the TAC as of 29 November 2000 has 6 years from that date to request an impairment determination.
A client who has an accident on and after 29 November 2000 has 6 years from the date of the accident or when the injury first manifests, to request an impairment determination.
A client who was a "minor" on 28/11/2000 has 6 years from the day he/she attains the age of 18 years, to request an impairment determination.

For accidents that occurred prior to 29 November 2000

There was no six year time limit prior to 29 November 2000 in regards to impairment benefits.

For any enquires relating to the 6 year legislation please contact the Impairment Branch at impairment@tac.vic.gov.au or call the TAC on 1300 654 239.

Who is a minor?

Can the TAC pay for impairment reports that are submitted by a client or a client's legal practitioner more than 2 years after the date of service?

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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

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

Understanding the term 'impairment'

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.

How impairment is measured

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.

Impairment case studies

Find out more about our Impairment Assessment Protocols

Frequently asked questions

What is the difference between an impairment benefit and common law damages?

Do I need a lawyer?

Who conducts the medical examinations and can I use my own doctor?

Does an impairment payment affect my other TAC benefits?

Does the impairment payment affect Centrelink benefits?

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.

Do I need to pay tax on my impairment benefit?

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.

Can I access a payment before my impairment has been finalised?

What if I am not happy with the decision?

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).

Can the TAC pay for travel and accommodation for me to attend examinations?

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.

you may need to attend more than one examination
there may be waiting time to see a medical specialist for a specific injury

it may take some time for the TAC to receive all relevant medical information needed to make a decision, or
your injuries are not stable and are expected to change over time.

Step 1 – Starting the impairment process

If you are likely to be eligible for an impairment benefit, the TAC will contact you to start the impairment process. You or your solicitor can also start the process by contacting the TAC.

The steps for the impairment process may differ if you have a solicitor.

Step 2 – Getting information

If you have a solicitor acting on your behalf, they will gather the information and submit it to the TAC.

Step 3 – Attending medical examinations

If you have a solicitor, your impairment benefits coordinator will work with them to arrange these examinations. We call this the joint medical examinations process.

At the examination, the doctor may ask you questions about:

your medical history
your transport accident
the injuries you sustained
your current condition, and
your health before the accident.

If necessary, the doctor may undertake a physical examination. The examination lasts between half an hour to more than an hour.

You can continue to talk to your regular doctor about your injuries.

Step 4 – How we assess your impairment

Your impairment benefit coordinator will contact you to explain the result. If you have a solicitor, we will also contact them with the result.

*Impairment benefits are updated each year on 1 July.

Step 5 – Making the payment

If you have a solicitor, the TAC may make the payment to them. Your solicitor will then organise the payment to be made to you.

Working together

What we will do

Your TAC impairment benefit coordinator will:

provide information to help you understand the impairment process
keep you, or your solicitor up to date about the progress of your impairment claim
provide information about the medical examination process and arrange your examinations (with your solicitor if you have one)
assess the medical reports received from specialist impairment doctors, and
issue the payment of your lump sum benefit if your impairment is assessed at 11% or more.

What you need to do

To help the process run smoothly, we expect you to:

complete and return any required forms
provide any information requested as soon as possible
attend medical examinations arranged for you and contact the TAC if you are unable to attend
keep us updated if your contact or bank details change
contact your impairment benefit coordinator or your solicitor, if you have any questions about your impairment claim and/or the process.

Policy

The TAC will pay impairment benefits to a client assessed as having a degree of permanent impairment of 11% or more.

Transport Accident Act 1986 reference: s.46A, s.47 and s.48

Further information related to this policy:

Guidelines

What is an impairment benefit?

An impairment benefit is a payment made to a client to compensate him/her for permanent impairment which results from transport accident injuries.

What impairment benefits are available?

The type of impairment benefit and the amount of the impairment benefit a client can receive is set out in the Transport Accident Act 1986 (the Act) and is dependent on the date of the accident.

Depending on the date of the accident, a client may be eligible for the following payments:

A lump sum impairment benefit and weekly annuity benefits (applies to accidents before 16 December 2004). Refer to the Impairment Payments for Accidents Prior to 16 December 2004 scale
A lump sum impairment benefit (applies to accidents on or after 16 December 2004). Refer to the Impairment Payments for Accidents on or after 16 December 2004 scale.

How is a client's permanent impairment assessed?

The Act requires the TAC to use the Guides to the Evaluation of Permanent Impairment, second or fourth edition (depending on when the accident occurs) to determine a client's permanent impairment.

When are injuries considered to be stable, not stable or substantially stable?

Injuries are considered 'stable', when they are not expected to improve or deteriorate markedly over time with or without treatment. A further assessment of the injuries is not required.
Injuries are considered 'not stable', when the prognosis is unknown. A further assessment of the injuries is required after further treatment and time has passed.
Injuries are considered 'substantially stable', when slight improvement or deterioration is expected. A further assessment of the injuries may or may not be required.

Who is eligible for impairment benefits?

A client with a degree of permanent impairment of 11% or more is entitled to impairment benefits, provided he/she is not convicted of an offence referred to under 'Who is not eligible for impairment benefits?'
The TAC is only obliged to determine a client's degree of permanent impairment which results from transport accident injuries if a client appears to be or is likely to be entitled to impairment benefits.
Where it appears that a client is unlikely to have a degree of permanent impairment of 11% or more, the TAC is not required to determine a client's degree of impairment. However, if a client requests to be assessed he/she will be asked to submit up to date medical reports which indicate that he/she is likely to have a permanent impairment of at least 11%.
Where a client is visiting from overseas and is involved in a transport accident, refer to 'Issues Affecting Impairment Benefits' for further information on entitlement.

Who is not eligible for impairment benefits?

Drivers who are convicted

Impairment benefits are not payable if a driver is:

convicted of driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle
convicted of driving or being in charge of a motor vehicle while the concentration of alcohol present in his or her blood or breath was 0.24 grams or more per 100 millilitres of blood or in the person's breath was 0.24 grams or more per 210 litres of exhaled air, as the case requires
convicted of refusing to undergo a preliminary breath or blood test or accompany the police officer to a police station
convicted of refusing or failing to comply with a request or signal to stop a motor vehicle and remain stopped at a preliminary breath testing station
convicted of refusing to comply with a request to go to a police station, public building, a booze bus, or a police car to furnish a sample of blood or breath
convicted of hindering or obstructing a doctor from taking a blood sample of any other person involved in the accident
convicted of culpable driving under the Crimes Act (1958). This is a reference to driving that causes the death of another person by driving a motor vehicle recklessly, negligently or while under the influence of drugs or alcohol, to the extent of being incapable of having proper control of the vehicle.

For all accidents on or after 20 October 2010

Impairment benefits are also not payable if a driver is convicted of:

dangerous driving causing death, (this is a reference to the driving of a motor vehicle at a speed or in a manner that is dangerous to the public that causes the death of another person). s.319(1) Crimes Act 1958
driving a motor vehicle or in charge of a motor vehicle while impaired by a drug. s.49(ba) Road Safety Act 1986
refusing to undergo an assessment of drug impairment in accordance with section 55A of the Road Safety Act when required to do so or refusing to comply with any other requirement made under section 55A(1) of the Road Safety Act 1986. s.49(ca) Road Safety Act 1986
refusing to comply with a request for a blood and urine sample. s.49(ea) of the Road Safety Act 1986
refusing to provide a sample of oral fluid. s.49(eb) of the Road Safety Act 1986

For all accidents on or after 1 August 2015

Impairment benefits are also not payable if a driver is convicted of:

Driving or being in charge of a motor vehicle while both:
- the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in the person's blood or breath; and
- the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in the person's blood or oral fluid. s.49(1)(bc) Road Safety Act 1986
A person has had a sample of blood taken from him or her within 3 hours after driving or being in charge of a vehicle and -
1. the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
2. a prescribed illicit drug was present in that sample in any concentration. s.49(1)(j) Road Safety Act 1986

For all accidents on or after 2 March 2017

Impairment benefits are also not payable if a driver is convicted of:

an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death. Victorian Government Gazette G9 dated 2 March 2017

For all accidents on or after 6 July 2022

Impairment benefits are also not payable to a person convicted of:

murder, manslaughter or child homicide (section 5A of the Crimes Act) involving the use of a motor vehicle at the time of the accident.

Drivers with charges pending

The TAC may withhold a client's impairment benefit payment, where a charge-sheet charging one of the above listed charges has been filed, or if it appears to the TAC that a charge-sheet will be filed within the limitation period.
The limitation period is the time the police have to file a charge-sheet, or 2 years, whichever is the shorter.
If a charge-sheet is filed within the limitation period, the TAC will withhold the payment until the charge is heard or withdrawn.
If a charge-sheet is not filed within the limitation period, the TAC will withhold the payment only until the limitation period expires.
The TAC may also withhold an impairment benefit payment, even if, a charge-sheet is filed after the client has already attended an impairment exam.

Where the TAC has not made an impairment determination for a client, how long does a client have to request an impairment determination?

For accidents that occurred on or after 19 October 2010

A client or their legal representative can apply to the TAC for an impairment determination within the period of six years from:

the date of the accident;
the date on which an injury resulting from a transport accident first manifests itself;

If the client was a minor, six years from the date of the client’s 18th birthday.

Section 46A(1A) of the Transport Accident Act 1986

If the period of six years referred to above has lapsed, and if the TAC within that period:

has not advised the person that they appear likely to be entitled to an impairment benefit; and
has not been asked to carry out an impairment assessment

then the TAC is to be taken to have made a determination that the degree of impairment is 0%.

Given the factors that need to be considered, the TAC strongly recommends a client, or their legal representative, contact the TAC before a 0% determination is taken to have been made.

For accidents that occurred on 29 November 2000 up to 18 October 2010

A client who has an existing claim for compensation with the TAC as of 29 November 2000 has 6 years from that date to request an impairment determination.
A client who has an accident on and after 29 November 2000 has 6 years from the date of the accident or when the injury first manifests, to request an impairment determination.
A client who was a "minor" on 28/11/2000 has 6 years from the day he/she attains the age of 18 years, to request an impairment determination.

For accidents that occurred prior to 29 November 2000

There was no six year time limit prior to 29 November 2000 in regards to impairment benefits.

For any enquires relating to the 6 year legislation please contact the Impairment Branch at impairment@tac.vic.gov.au or call the TAC on 1300 654 239.

Who is a minor?

Can the TAC pay for impairment reports that are submitted by a client or a client's legal practitioner more than 2 years after the date of service?

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

Impairment payments for accidents on or after 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986).
Increases to the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.

The figures below are as of 1 July 2024.

Minors benefit $228

%	$	%	$	%	$
11	$9,350	41	$78,760	71	$169,700
12	$11,080	42	$81,300	72	$173,110
13	$12,810	43	$83,840	73	$176,520
14	$14,540	44	$86,380	74	$179,930
15	$16,270	45	$88,920	75	$183,340
16	$18,000	46	$91,460	76	$186,750
17	$19,730	47	$94,000	77	$190,160
18	$21,460	48	$96,540	78	$193,570
19	$23,190	49	$99,080	79	$196,980
20	$25,420	50	$102,140	80	$203,400
21	$27,960	51	$105,100	81	$210,150
22	$30,500	52	$108,060	82	$216,900
23	$33,040	53	$111,020	83	$223,650
24	$35,580	54	$113,980	84	$230,400
25	$38,120	55	$116,940	85	$237,150
26	$40,660	56	$119,900	86	$243,900
27	$43,200	57	$122,860	87	$250,650
28	$45,740	58	$125,820	88	$257,400
29	$48,280	59	$128,780	89	$264,150
30	$50,820	60	$132,190	90	$277,990
31	$53,360	61	$135,600	91	$291,560
32	$55,900	62	$139,010	92	$305,130
33	$58,440	63	$142,420	93	$318,700
34	$60,980	64	$145,830	94	$332,270
35	$63,520	65	$149,240	95	$345,840
36	$66,060	66	$152,650	96	$359,410
37	$68,600	67	$156,060	97	$372,980
38	$71,140	68	$159,470	98	$386,550
39	$73,680	69	$162,880	99	$400,120
40	$76,220	70	$166,290	100	$427,160

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,620 + ((D-10) x $1,730)
20% - 49%	$25,420 + ((D-20) x $2,540)
50% - 59%	$102,140 + ((D-50) x $2,960)
60% - 79%	$132,190 + ((D-60) x $3,410)
80% - 89%	$203,400 + ((D-80) x $6,750)
90% - 99%	$277,990 + ((D-90) x $13,570)
100%	$427,160

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$7,340 + ((D-10) x $1,670)
20% - 49%	$24,490 + ((D-20) x $2,440)
50% - 59%	$98,390 + ((D-50) x $2,850)
60% - 79%	$127,330 + ((D-60) x $3,280)
80% - 89%	$195,930 + ((D-80) x $6,500)
90% - 99%	$267,780 + ((D-90) x $13,070)
100%	$411,470

Where 'D' is the degree of impairment expressed as a percentage.

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
10% or less	$0
11% - 19%	$6,800 + ((D-10) x $1,550)
20% - 49%	$22,680 + ((D-20) x $2,260)
50% - 59%	$91,110 + ((D-50) x $2,640)
60% - 79%	$117,910 + ((D-60) x $3,040)
80% - 89%	$181,430 + ((D-80) x $6,020)
90% - 99%	$247,970 + ((D-90) x $12,100)
100%	$381,030

Where 'D' is the degree of impairment expressed as a percentage.

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Impairment payments for accidents prior to 16 December 2004

The TAC will automatically index impairment benefits at the beginning of each financial year in accordance with the formula as stipulated in the Transport Accident Act (1986) .
Increases to impairment annuity benefit and the lump sum are in line with the Consumer Price Index (CPI) of Melbourne.
Minors additional benefits are increased in line with Victorian Average Weekly Earnings (AWE).

The figures below are as of 1 July 2024

Annuity figure $314,120 Minors benefit $228


%	$	%	$	%	$
11	$1,496.22	41	$46,382.89	71	$91,269.56
12	$2,992.44	42	$47,879.11	72	$92,765.78
13	$4,488.67	43	$49,375.33	73	$94,262.00
14	$5,984.89	44	$50,871.56	74	$95,758.22
15	$7,481.11	45	$52,367.78	75	$97,254.44
16	$8,977.33	46	$53,864.00	76	$98,750.67
17	$10,473.56	47	$55,360.22	77	$100,246.89
18	$11,969.78	48	$56,856.44	78	$101,743.11
19	$13,466.00	49	$58,352.67	79	$103,239.33
20	$14,962.22	50	$59,848.89	80	$104,735.56
21	$16,458.44	51	$61,345.11	81	$106,231.78
22	$17,954.67	52	$62,841.33	82	$107,728.00
23	$19,450.89	53	$64,337.56	83	$109,224.22
24	$20,947.11	54	$65,833.78	84	$110,720.44
25	$22,443.33	55	$67,330.00	85	$112,216.67
26	$23,939.56	56	$68,826.22	86	$113,712.89
27	$25,435.78	57	$70,322.44	87	$115,209.11
28	$26,932.00	58	$71,818.67	88	$116,705.33
29	$28,428.22	59	$73,314.89	89	$118,201.56
30	$29,924.44	60	$74,811.11	90	$119,697.78
31	$31,420.67	61	$76,307.33	91	$121,194.00
32	$32,916.89	62	$77,803.56	92	$122,690.22
33	$34,413.11	63	$79,299.78	93	$124,186.44
34	$35,909.33	64	$80,796.00	94	$125,682.67
35	$37,405.56	65	$82,292.22	95	$127,178.89
36	$38,901.78	66	$83,788.44	96	$128,675.11
37	$40,398.00	67	$85,284.67	97	$130,171.33
38	$41,894.22	68	$86,780.89	98	$131,667.56
39	$43,390.44	69	$88,277.11	99	$133,163.78
40	$44,886.67	70	$89,773.33	100	$134,660.00

Summary tables

Indexed benefits as from 1 July 2024

Impairment rating	Impairment benefit
11%	$1,496.22
20%	$14,962.22
30%	$29,924.44
40%	$44,886.67
50%	$59,848.89
60%	$74,811.11
70%	$89,773.33
80%	$104,735.56
90%	$119,697.78
100%	$134,660

Indexed benefits as from 1 July 2023

Impairment rating	Impairment benefit
11%	$1,441.22
20%	$14,412.22
30%	$28,8224.44
40%	$43,236.67
50%	$57,648.89
60%	$72,061.11
70%	$86,473.33
80%	$100,885.56
90%	$115,297.78
100%	$129,710

Indexed benefits as from 1 July 2022

Impairment rating	Impairment benefit
11%	$1,334.56
20%	$13,345.56
30%	$26,691.11
40%	$40,036.67
50%	$53,382.22
60%	$66,727.78
70%	$80,073.33
80%	$93.418.89
90%	$106,764.44
100%	$120,110

Overview

What is an impairment benefit?

An impairment benefit is a type of compensation. It is a one-off lump sum payment made by the TAC if you have permanent impairment caused by your transport accident injuries.

You may be eligible for this benefit if you:

are over the age of 18, and
have a permanent physical or psychological condition caused by your transport accident injuries, and
have an impairment assessed at 11% or more.

An impairment benefit does not affect your entitlement to receive other benefits and payments from the TAC. This includes medical services, income support or common law compensation.

The TAC assesses impairment according to the Transport Accident Act 1986 (the Act). This sets out:

who is eligible for impairment benefits
how and when the TAC must conduct assessments, and
when and how much the TAC can pay.

Impairment benefits for minors

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

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

Understanding the term 'impairment'

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.

How impairment is measured

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.

Impairment case studies