Injuries sustained after the transport accident

Policy

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

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

Definition

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

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

Guidelines

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

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

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

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

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

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

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

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

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


Injuries sustained after the transport accident Policy The TAC will only consider a claim for an injury that is sustained after the transport accident, if it is established that the 'subsequent' injury is as a result of the initial injury sustained in the transport accident. Transport Accident Act 1986 reference: s.3'injury', s.3(3)(c) and s.60(2)(a)'because of the transport accident' Definition Subsequent injury - for the purposes of this policy a 'subsequent' injury is an injury that is as a result of the injury or injuries that were originally sustained in the transport accident. There must be a direct connection between the initial injury and the 'subsequent' injury. An injury is not a 'subsequent' injury if it has been sustained in a subsequent transport accident. For example, if a client sustained a broken leg in a transport accident and subsequently sustained a broken arm in a second transport accident, the broken arm would not be considered a 'subsequent' injury for the purposes of this policy. Guidelines What information does the TAC require to determine whether a 'subsequent' injury was directly caused by the initial transport accident injury? A client will be expected to show that the 'subsequent' injury was as a result of the initial transport accident injury by providing information such as: reports from treating practitioners that confirm a 'subsequent' injury has been sustained and the circumstances in which the 'subsequent' injury occurred; and evidence linking the initial transport accident injury to the 'subsequent' injury; and a report from Ambulance or Police Officers, if they attended; and statements from any witnesses. The TAC may arrange a medical examination prior to accepting a claim for a 'subsequent' injury. In what circumstances will the TAC not accept liability for a subsequent injury or condition? The TAC will not accept liability where the second injury/condition was caused by an intervening event that breaks any connection between the initial injury and the 'subsequent injury'. For example, an intervening event might occur where: a client sustains a leg fracture in a transport accident, and subsequently sustains burn injuries to the same leg after spilling hot coffee; or a client who has a vulnerable hip from a transport accident plays a game of sport and sustains a broken leg after being severely kicked. What about a clients who is injured while on a TAC funded return to work program? The TAC has a separate policy for return to work programs.