If you’ve been seriously injured in a road or transport accident in Victoria, you may already be receiving support from the Transport Accident Commission (TAC), medical coverage, income assistance, perhaps even help with rehab. But what many people don’t know is that this support may only cover a small amount of what you’re entitled to.
Carbone Lawyers have helped thousands of injured Victorians access the full compensation they deserve. Learn more about who qualifies, and why it’s worth exploring if your injury has changed your life in ways the TAC hasn’t recognised.
You could be entitled to more than just weekly payments and payment of medical expenses
Once the TAC has accepted a claim and started paying benefits, many people assume that’s the end of the process. But for those with long-term injuries, that may only be the beginning.
There are two types of TAC compensation: statutory benefits and common law damages. Statutory benefits cover your treatment costs and some income replacement, but they don’t compensate you for your pain, your trauma, and other impacts on your quality of life.
If your injury meets the legal definition of ‘serious’, you may be entitled to claim a lump sum for pain and suffering.
Common misunderstandings include:
- “I’ve already received TAC payments, so I can’t claim anything more.”
- “Only spinal injuries or amputations qualify.”
- “Taking legal action will be stressful or expensive.”
These beliefs can prevent people from claiming what they’re legally entitled to. That’s why legal advice from a specialist can make all the difference.
What pain and suffering compensation actually covers
Pain and suffering compensation exists to recognise the harm that doesn’t show up on a payslip or medical invoice. It compensates for the pain, trauma, frustration and lifestyle changes that follow a serious injury. This may include:
- Chronic pain or restricted mobility
- Permanent scarring or disfigurement
- Depression, anxiety or PTSD
- Loss of identity through an inability to work, exercise or socialise
- Inability to care for loved ones or participate in daily life
If your injury has left a lasting impact on your body, your mental health, or your relationships, you may be eligible.
Do you qualify for a Serious Injury Certificate?
To pursue pain and suffering common law damages, your injury must be legally defined as ‘serious’. There are two ways to qualify:
1. 30% or more whole person impairment
If TAC-approved doctors assess your injury at 30% whole person impairment or higher, the TAC is required to grant a Serious Injury Certificate.
2. Serious Injury Application
If your impairment is below 30%, you may still qualify by applying for a Serious Injury Certificate. This involves demonstrating that your injury has resulted in:
- A significant permanent loss of at least one body function
- Serious disfigurement
- Severe psychological or psychiatric injury
- The loss of a foetus
You don’t need to meet all of these. One may be enough if the impact on your life is substantial and ongoing.
Carbone Lawyers helps prepare applications supported by strong medical and personal evidence. We also challenge rejected applications through negotiation or via the Court system.
No-fault TAC benefits compared with common law compensation
Understanding the differences between TAC’s statutory benefits and common law damages can be important to unlocking your full entitlements:
| No-Fault Benefits | Common Law Damages |
| Medical expenses | Lump sum for pain and suffering |
| Weekly income support | Potential compensation for future lost earnings |
| Provided regardless of fault | Requires proof of serious injury and fault |
Most injured people receive no-fault benefits and nothing more. But if someone else was partly responsible for the accident, and your injuries are serious, you may be eligible for more.
Why many TAC claims fall short without legal help
Without legal help, people often:
- Miss strict time limits
- Fail to gather proper medical documentation
Simply do not understand all of the entitlements they may haveWe understand how the TAC scheme works, and how to make it work for you.
How Carbone Lawyers can help you claim what you’re entitled to
We take the stress out of the process so you can focus on your recovery. Our legal team:
- Prepares Serious Injury Applications backed by detailed evidence
- Engages medical experts on your behalf
- Handles negotiations with the TAC and their legal representatives
- Challenges unfair decisions when necessary
Most importantly, we treat you like a person, not a file number. We listen, we explain, and we stand with you through every step. And with our No Win, No Fee policy, you don’t pay unless we succeed.
Frequently Asked Questions
What if TAC has already paid me? Statutory payments are separate from lump sum compensation. You may still have a valid claim.
Will I need to go to court? Not necessarily. Most cases are resolved prior to the matter proceeding to trial.
I was partly at fault, can I still claim? Yes. You may still be eligible for compensation, although the amount could be reduced.
Will this affect my Centrelink or super? There can be impacts. We’ll help you understand how your claim interacts with other entitlements.
How long does it take? Timelines vary, but we move efficiently and keep you informed at every stage.
Don’t settle for less, get the advice you deserve
Let Carbone Lawyers help you secure what you’re entitled to. Start your claim or call 1800 369 888 for a confidential consultation.
