The Law Handbook 2024

936 Section 10: Accidents, insurance and compensation equivalent to 80 per cent of after tax earnings before the accident. The maximum weekly benefit payable is $1340. If a person had not been in full-time employment or made an arrangement to start a job or business at the time of the transport accident, the injured person will become entitled to loss of earning capacity benefits, if appropriate, at a point 18 months after the transport accident. However, if the person is assessed as having injuries resulting in 50 per cent whole person impairment, then the loss of earning capacity payments may continue until retirement age. Injured persons with a ‘severe injury’ involved in a supported employment program will be able to earn up to $192 per week without losing their total loss of earning capacity benefits. Also, in such cases the TAC must ignore the first $192 per week of income for injured persons receiving partial loss of earning capacity benefits. If a person with a ‘severe injury’ loses their job after returning to work, income benefits can be reinstated. A ‘supported employment program’ is where support is needed to obtain, or to perform and retain, that employment. A ‘severe injury’ is defined as a significant acquired brain injury, paraplegia, quadriplegia, amputation of a limb or burns to more than 50 per cent of the body. Impairment benefits (ss 47, 48 TA Act) A person who has an impairment greater than 10 per cent from a transport accident can claim an impairment benefit. This benefit can be: 1 For people aged under 18 years, a ‘minors additional benefit’ based on a percentage of $217 is payable. 2 For adults, a lump sum to a maximum of $411470 (depending on the degree of impairment). The TAC can assess impairment three months after the accident (or earlier if common law proceedings are contemplated) if the injury is stable, or otherwise six years after the accident. If the TAC believes there may be an impairment greater than 10 per cent and an injured person asks for an assessment more than two years after the accident, the TAC must finalise the impairment. This must be done within 12 months if the injury has stabilised, or otherwise within two years. An injured person can request an interim assessment of their degree of whole person impairment if their injuries have not yet stabilised but will likely be assessed at greater than 10 per cent. Maximum benefits payable (s 53 TA Act) Loss of earnings and loss of earning capacity benefits will generally cease three years after the date of injury or when the combined total of such benefits reaches $207830. Fortnightly payments will cease if an injured person attains the normal retiring age for their industry or occupation or reaches Commonwealth pension age, or if the injured person is serving a term of imprisonment. These restrictions do not apply where a person is being paid an impairment annuity benefit or suffers a degree of impairment of 50 per cent or more. Fatal injuries: Dependency benefits (ss 57, 58, 59 TA Act) Dependency benefits are payable to a surviving partner or spouse of a person who dies as a result of a transport accident. The partner or spouse must have been wholly, mainly or partly dependent on the deceased person for economic support. These benefits are: 1 a lump sum of up to $216130, depending on the age of the deceased person, shared between the dependent partner or spouse and any dependent children; and 2 a periodical payment for up to five years or longer if there are dependent children, assessed on a similar basis to loss of earnings benefits. There are special benefits available for children who are orphaned as a result of a transport accident or where the other parent does not wholly, mainly or partly support the dependent child. The TAC is liable to pay weekly payments, education allowance and/or death benefit in these circumstances. If the death was caused by the negligence of another person, there may be a common law claim for dependency payment. Making a claim The driver of a motor car involved in a transport accident must make a report in the prescribed form