Hi Mal, I checked Victoria and I am completely wrong for TAC sorry - they do accept loss of earnings claims, but only if more than 5 days (ie not the first 5 days lost work), and then only a maximum of 80% lost earnings to a maximum of $1130. Didn't check NSW.
Scott On 05/03/2013, at 9:10 PM, "Mal Bruce" <m...@mals.net> wrote: > > What You Can Claim > > > Your compensation depends on the types of injuries you sustained and your > circumstances at the time of the accident. As far as possible, any form of > compensation is aimed at returning the person injured to their pre-injury > state. Your claim could be for economic loss and/or non-economic loss. > > Economic loss > > Economic loss includes: > > reasonable and necessary hospital, medical, rehabilitation and > pharmaceutical expenses (past/future) > reasonable and necessary attendant care and respite care expenses > loss of income > loss of ability to earn income > other reasonable and necessary expenses and losses you suffer as a result > of your injuries. > > You will need to show: > > that the amount claimed is reasonable > receipts for expenses > that the treatment relates directly to the injuries and losses caused by > the accident. > > Medical expenses > > If the insurer accepts liability for your claim it will pay your reasonable > and necessary hospital, medical, rehabilitation and travel expenses. You > don't have to wait for the claim to be finalised for these expenses to be > paid. The insurer is obliged to pay these expenses on an 'as incurred' basis > only if they are reasonable and necessary, properly verified and relate to > the injuries from the motor vehicle accident. Original receipts or accounts > should be sent to the insurer and you should keep a copy of all these > documents. > > The insurer cannot be expected to continue to pay accounts unless improvement > is evident. An insurer will look for therapeutic benefits in assessing > whether treatment will be reasonable and necessary, and hence, if you cannot > agree with the insurer on medical issues about past or future treatment then > the dispute can be referred to the Medical Assessment Service. > > Lost earnings > > There is a limit to the amount that can be claimed for lost income which is > indexed annually on 1 October. The insurer will want evidence of any losses. > For past losses, they may want: > > a letter or statement from your employer > tax returns > sick leave records > medical evidence to show that you were unfit for work because of the > injuries arising out of the accident (e.g. a doctor's certificate) > any other proof you have that you have suffered an actual loss of wages > if you were self-employed, they will want verification from your accountant. > > Give the insurer copies and keep any original documents. > > Before you can be awarded an amount of damages for future lost earnings you > will have to establish that the claim is real and reasonable. You will have > to show that you would have had this earning capacity if not for the > accident. Payment is made for lost earnings when your claim is settled. > > Non-economic loss > > Non-economic loss (or general damages) is for the pain and suffering and loss > of enjoyment of life that you have experienced as a result of the accident. > While most people injured in motor vehicle accidents experience some degree > of pain and distress, there are limits on who can claim compensation for > non-economic loss and how much compensation they get. You will only get > non-economic loss damages if you have a whole-person permanent impairment of > more than 10 per cent as a result of your accident. Permanent impairment is > assessed according to the MAA Permanent Impairment Guidelines (1 October > 2007). > > The permanent impairment arising from each injury is assessed separately. The > impairments arising from multiple physical injuries can be added together to > get more than 10 per cent but you can't add a physical and psychological > injury together to reach more than 10 per cent. If a person is assessed at > more than 10 per cent permanent impairment, damages may be payable depending > on the seriousness of the injury. Amounts which can be awarded are indexed > annually and are listed in the Indexation of Damages. > > Summaries of cases (116kb) where non-economic loss damages have been assessed > by CARS provide an indication of the type of injuries and permanent > impairments that entitle claimants to non-economic loss damages. > > Need help? For more information contact the Claims Advisory Service. > _______________________________________________ > Aus-soaring mailing list > Aus-soaring@lists.internode.on.net > To check or change subscription details, visit: > http://lists.internode.on.net/mailman/listinfo/aus-soaring -- Scott Penrose sco...@dd.com.au http://scott.dd.com.au/
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