Making a Claim for Compensation

Policy

The TAC will consider a claim for compensation which is made:

on receipt of a hospital claim form,
by submitting the online claim form on the TAC website, or
over the telephone.

Claims for compensation that are lodged via these approved routes are then assessed, and the TAC will decide whether to accept or deny the claim.

If a person dies in a transport accident, a claim for the deceased person is made using the Burial/Cremation and Dependency benefits Claim for Compensation form. Please call the TAC on 1300 654 329 or (03) 5225 6567 for help in claiming funeral or dependency benefits. Refer to the When a family member dies policy.

Guidelines

How can a person claim transport accident compensation from the TAC?

Hospital claim form

If a person sustains injuries as a result of a transport accident and is taken to hospital, the hospital may complete and submit a claim form on their behalf. If the injured person or another person who is authorised to act on their behalf signs a claim form, then they can expect that the claim has been lodged by the hospital and submitted to the TAC.

Online claim form

A person injured as a result of a transport accident can choose to use the online claim form on the TAC website. A claim is lodged after the ‘submit’ button is clicked at the end of the process and the person receives an email confirmation of submission. The person can save their progress on the form, but a partially completed form does not constitute claim lodgement.

Telephone lodgement

Any person injured in a transport accident can contact the TAC by telephone to lodge their claim on 1300 654 329 for the cost of a local call if made from a land-line.
If the person has a disability that makes communicating by telephone difficult, an authorised person should contact the TAC to discuss an alternate arrangement for lodging a claim.

What happens during telephone claim lodgement?

A member of the TAC will:

collect the information required to complete claim lodgement (for example, personal details, transport accident details, witness details etc.)
where possible, determine a person's eligibility for benefits under the Transport Accident Act 1986 (the Act). Please refer to the Eligibility for Benefits policy
mail the Claim for Compensation Summary to the person lodging the claim to check that all details collected are complete and correct.

What happens after a claim is submitted?

When hospital and online forms are submitted and lodged with the TAC they are checked to ensure all required information has been provided.

The TAC will decide whether to accept or deny the claim, or seek further information within 21 days of receiving it. If the TAC has not requested further information and fails to make a decision at the end of 21 days or denies the claim, the person can have the decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT). Refer to the Claims for compensation - TAC response times policy and the Reviewing a TAC Decision policy.

When a claim is accepted, the TAC will send the person or their authorised representative a Claim for Compensation Summary and any relevant forms, including an Authority to Release Information. To avoid delays in the processing of a claim for compensation, the Authority to Release Information must be completed and returned as soon as possible.

When a client signs the Authority to Release Information form they also authorise the TAC to obtain information. Why does the TAC collect this information?

The consent in the hospital claim form and the Authority to Release Information allows the TAC to collect information and documents that are relevant to assessing a client's entitlement to benefits under the Transport Accident Act 1986 (the Act). The TAC requests information using the authority for various reasons, including clarification of:

the extent of injuries sustained in a transport accident
the nature of any aggravation of an existing injury or condition caused by transport accident injuries
the extent of financial loss suffered as a result of transport accident injuries

How much information does the TAC collect and how is the information used?

The TAC collects information that is necessary to manage a claim. The TAC will ensure that information collected:

is adequate, relevant and not excessive for the purpose of assessing a client's entitlements
is lawfully used to carry out a function or exercise a power in accordance with the Act, and
is kept securely stored and disclosed only where this is lawful.

If the TAC makes a request to a third party for information in relation to the claim, will the TAC advise the client and their representative?

The TAC will notify the client and their representative in writing if the TAC uses the Authority to Release Information to obtain information and documents from:

a doctor, ambulance service, hospital or other health service provider
a motor vehicle insurer and or a worker's compensation insurer
a trustee or trustee of any superannuation fund
a department, agency or instrumentality of the Commonwealth or the State of Victoria or another State that administers Police, Health Insurance Commission payments or Social Welfare laws
the client's employer or previous employer, or
the client's accountant.

Can the authority to obtain information be withdrawn?

Once the consent in the hospital claim form or the Authority to Release Information form has been signed, the authority cannot be revoked or withdrawn until the claim is finally determined.

Are there any time limits on making a claim for transport accident compensation?

A claim for compensation must be made within one year of the date of the transport accident or the date when the injury first manifests itself. The TAC may also consider a claim made outside of this time limit if:

it is made within three years of the transport accident or the date when the injury first manifests itself, and
reasonable grounds exist for the delay in making a claim.

If a claim for compensation or dependency is not made for a person under the age of 18 by their parent or guardian within the statutory time, that person can make a claim until the day before they attain the age of 21.
_{Transport Accident Act 1986 reference: s.68}

Who can change the personal information of a client, after a claim for compensation has been lodged?

Privacy of a client's personal information

Under the Transport Accident Act 1986 and the Privacy Information Act 2000, the TAC is required to keep a client's personal information confidential. This includes:

name, address, and date of birth
home and business telephone details
bank account details for electronic funds transfer purposes.

The TAC will change its records upon the provision of appropriate identifying information where a client, next of kin if a client is seriously injured, or an appointed legal guardian or administrator gives notice of a change to personal information by phone or in writing. The TAC will not amend a client's personal information on the advice of the client's service providers such as a doctor or hospital.


Making a Claim for Compensation Policy The TAC will consider a claim for compensation which is made: on receipt of a hospital claim form, by submitting the online claim form on the TAC website, or over the telephone. Claims for compensation that are lodged via these approved routes are then assessed, and the TAC will decide whether to accept or deny the claim. If a person dies in a transport accident, a claim for the deceased person is made using the Burial/Cremation and Dependency benefits Claim for Compensation form. Please call the TAC on 1300 654 329 or (03) 5225 6567 for help in claiming funeral or dependency benefits. Refer to the When a family member dies policy. Guidelines How can a person claim transport accident compensation from the TAC? Hospital claim form If a person sustains injuries as a result of a transport accident and is taken to hospital, the hospital may complete and submit a claim form on their behalf. If the injured person or another person who is authorised to act on their behalf signs a claim form, then they can expect that the claim has been lodged by the hospital and submitted to the TAC. Online claim form A person injured as a result of a transport accident can choose to use the online claim form on the TAC website. A claim is lodged after the ‘submit’ button is clicked at the end of the process and the person receives an email confirmation of submission. The person can save their progress on the form, but a partially completed form does not constitute claim lodgement. Telephone lodgement Any person injured in a transport accident can contact the TAC by telephone to lodge their claim on 1300 654 329 for the cost of a local call if made from a land-line. If the person has a disability that makes communicating by telephone difficult, an authorised person should contact the TAC to discuss an alternate arrangement for lodging a claim. What happens during telephone claim lodgement? A member of the TAC will: collect the information required to complete claim lodgement (for example, personal details, transport accident details, witness details etc.) where possible, determine a person's eligibility for benefits under the Transport Accident Act 1986 (the Act). Please refer to the Eligibility for Benefits policy mail the Claim for Compensation Summary to the person lodging the claim to check that all details collected are complete and correct. What happens after a claim is submitted? When hospital and online forms are submitted and lodged with the TAC they are checked to ensure all required information has been provided. The TAC will decide whether to accept or deny the claim, or seek further information within 21 days of receiving it. If the TAC has not requested further information and fails to make a decision at the end of 21 days or denies the claim, the person can have the decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT). Refer to the Claims for compensation - TAC response times policy and the Reviewing a TAC Decision policy. When a claim is accepted, the TAC will send the person or their authorised representative a Claim for Compensation Summary and any relevant forms, including an Authority to Release Information. To avoid delays in the processing of a claim for compensation, the Authority to Release Information must be completed and returned as soon as possible. When a client signs the Authority to Release Information form they also authorise the TAC to obtain information. Why does the TAC collect this information? The consent in the hospital claim form and the Authority to Release Information allows the TAC to collect information and documents that are relevant to assessing a client's entitlement to benefits under the Transport Accident Act 1986 (the Act). The TAC requests information using the authority for various reasons, including clarification of: the extent of injuries sustained in a transport accident the nature of any aggravation of an existing injury or condition caused by transport accident injuries the extent of financial loss suffered as a result of transport accident injuries How much information does the TAC collect and how is the information used? The TAC collects information that is necessary to manage a claim. The TAC will ensure that information collected: is adequate, relevant and not excessive for the purpose of assessing a client's entitlements is lawfully used to carry out a function or exercise a power in accordance with the Act, and is kept securely stored and disclosed only where this is lawful. If the TAC makes a request to a third party for information in relation to the claim, will the TAC advise the client and their representative? The TAC will notify the client and their representative in writing if the TAC uses the Authority to Release Information to obtain information and documents from: a doctor, ambulance service, hospital or other health service provider a motor vehicle insurer and or a worker's compensation insurer a trustee or trustee of any superannuation fund a department, agency or instrumentality of the Commonwealth or the State of Victoria or another State that administers Police, Health Insurance Commission payments or Social Welfare laws the client's employer or previous employer, or the client's accountant. Can the authority to obtain information be withdrawn? Once the consent in the hospital claim form or the Authority to Release Information form has been signed, the authority cannot be revoked or withdrawn until the claim is finally determined. Are there any time limits on making a claim for transport accident compensation? A claim for compensation must be made within one year of the date of the transport accident or the date when the injury first manifests itself. The TAC may also consider a claim made outside of this time limit if: it is made within three years of the transport accident or the date when the injury first manifests itself, and reasonable grounds exist for the delay in making a claim. If a claim for compensation or dependency is not made for a person under the age of 18 by their parent or guardian within the statutory time, that person can make a claim until the day before they attain the age of 21. _{Transport Accident Act 1986 reference: s.68} Who can change the personal information of a client, after a claim for compensation has been lodged? Privacy of a client's personal information Under the Transport Accident Act 1986 and the Privacy Information Act 2000, the TAC is required to keep a client's personal information confidential. This includes: name, address, and date of birth home and business telephone details bank account details for electronic funds transfer purposes. The TAC will change its records upon the provision of appropriate identifying information where a client, next of kin if a client is seriously injured, or an appointed legal guardian or administrator gives notice of a change to personal information by phone or in writing. The TAC will not amend a client's personal information on the advice of the client's service providers such as a doctor or hospital. See also the TAC's Privacy policy.